Terms of use

Last updated: July 01, 2020

1. Terms and conditions

The following Terms of Use, which include the Privacy Policy, the User Manual and any changes or amendments made by Groupe Mutuel at any time, form the entire agreement between you and Groupe Mutuel with respect to MyHealthCheck (the “Agreement”).

Scope of these Terms of Use. This refers to the conditions under which we (Groupe Mutuel Services SA, Martigny; “Groupe Mutuel” or “we”) provide you (“you” or “the user”) the MyHealthCheck application and related digital services and content (“MyHealthCheck”).

Circumstances in which you are authorized to use the MyHealthCheck application. MyHealthCheck is made available for personal use to persons residing in Switzerland who have turned 18 and are capable of making their own decisions (or who have received explicit consent from their legal representative to use MyHealthCheck).

You acknowledge and agree to these Terms of Use and the Privacy Policy. Please review carefully these Terms of Use before you sign up to use MyHealthCheck.

By registering and clicking the “I Agree” button, you acknowledge that you are authorized to use MyHealthCheck in accordance with these Terms of Use and that you agree to these Terms of Use and our Privacy Policy

2. About us and communication

Who are we? Groupe Mutuel is a Swiss incorporated company registered in Switzerland under the identification number CHE-103.118.779 and whose headquarters are located at 5 Rue des Cèdres, 1919 Martigny.

How to get in touch with us. To contact us, please send an e-mail to info@MyHealthCheck.ch or by mail to the following address: MyHealthCheck, Groupe Mutuel Services SA, Rue des Cèdres 5, 1919 Martigny.

How can we get in touch with you? By using MyHealthCheck, you give us permission to contact you by e-mail, telephone and any electronic means (e.g., e-mail, SMS) at the user addresses you use or explicitly provide to Groupe Mutuel. By ” written communication” we also refer to communication by electronic mail. When we use the word “in writing”, it also includes communication by e-mail.

3. MyHealthCheck at a glance

MyHealthCheck is an App that uses a self-diagnostic tool to guide you through the severity of the symptoms of the disease in an easily understandable way. Additionally, with MyHealthCheck, you can benefit from remote medical consultations and a home self-test kit:

  • The self-diagnostic tool is available on (and based on a connection to) a medical device manufactured by Infermedica, Sp. Z o.o., Poland (https://infermedica.com). You can find the manufacturer’s product details here [https://infermedica.com/product/symptom-checker]. The self-diagnosis tool allows you to indicate your symptoms through a self-assessment questionnaire. The questionnaire includes questions regarding your gender, age and overall health. The self-diagnosis tool then evaluates the severity of your symptoms based on the information provided and helps you to diagnose yourself and assess the urgency to treat your symptoms. Finally, the self-diagnosis tool also helps you decide whether you should seek medical help based on the information you provide.
  • You can also contact one of our partners Medi24 AG or Medgate AG for a remote consultation. The services they offer are governed by their own general terms and conditions. Medgate AG: https://www.medgate.ch/en-us/about-us/our-partners/avb Medi24 AG: https://www.medi24.ch/en/privacy/
  • Based on the result, the self-diagnostic tool will recommend using the Veroval® Home Self-Test Kit ” Are antibiotics useful?” which is marketed in Switzerland by IVF HARTMANN AG, Neuhausen. This test is intended to measure the concentration of CRP (C-reactive protein) in the blood. You are not required to use the home self-test kit. You can find more information about the home self-test kit on the following website https://veroval.info/en/products/self-tests/do-antibiotics-help. Be sure to thoroughly read all additional information provided with the home self-test kit provided by the manufacturer or distributor.

Sections 5 to 7 below outline in detail the services that are free or included in the subscription plans or that will be billed separately.

4. MyHealthCheck’s Goal

Not for emergency situations. You should note that MyHealthCheck is not suitable for emergency situations. In the event of acute symptoms or an emergency, you should contact an emergency service immediately.

Groupe Mutuel is not responsible or liable for the use of MyHealthCheck in cases where consultation with emergency services is necessary or appropriate. Furthermore, Groupe Mutuel disclaims all liability if, despite MyHealthCheck’s assessment, there was no emergency situation.

For guidance and not for the purpose of a medical diagnosis. Please also be advised that the Self-Diagnostic Tool and the Home Self-Test Kit are both intended for informational purposes only and do not constitute a diagnosis or assessment by a healthcare professional of your actual condition, nor are they a substitute for a diagnosis or assessment by a qualified health care professional. Although the Self-Diagnostic Tool and Home Self-Test Kit may be an indicator of your health status, the actual medical diagnosis should always be performed by a healthcare professional.

Consequently, you should always consult your doctor or other health care professional if you are worried about your health or if you have any questions about medical problems. In case of acute symptoms or an emergency, you should contact emergency services immediately. Under no circumstances should you ignore a diagnosis or assessment by a healthcare professional or cancel an appointment with a healthcare professional because you rely on information obtained from the Self-Diagnosis Tool or the Home Kit.

Groupe Mutuel cannot be held responsible for the use of MyHealthCheck in the event that consultation with a healthcare professional is required or appropriate.

5. Subscription plans

You can subscribe to the following MyHealthCheck trial offers:

  1. Free offer (“Standard Pack”): If you sign up for the free version of MyHealthCheck, we will provide you with specific services free of charge. The list of free services can be found on the MyHealthCheck website. The additional terms and conditions provided there are part of these terms of use and are therefore legally binding.
  2. Premium Trial Offer (“Try Me”): If you sign up to MyHealthCheck’s “Try Me”, we are offering certain services free of charge until the first of the following dates:
  3. a) the end date of the initial 14 (fourteen) day trial period during which you registered to use the services;
  4. b) the effective beginning date of each definitive subscription you have purchased for these services; or
  5. c) the end date of the trial bonus offer as decided by us in our sole discretion.

For more information about the service range we refer you to our website. Additional terms and conditions are part of these terms of use and are therefore legally binding.

  1. Premium Offers (“Essential Pack”): If you sign up for a Premium offer (“Essential Pack”), you will automatically get the services after we have received the payment confirmation. The Premium offers and their prices can be found on our website site web.  The subsequent terms and conditions contained therein form part of these terms of use and are therefore binding.
  2. Beta test version: We will from time to time provide you with free beta test services. You may try these services at your own discretion on a purely voluntary basis. Please note that the beta test services are for evaluation purposes only and not for professional/productive use.

6. Remote medical consultation

You can book a telemedical consultation via MyHealthCheck with the feature “talk to a doctor” that pops up after you receive the results of your symptoms.

If you have a paid subscription plan (“Essential Pack”) or a Premium Trial offer (“Try Me”), you have the right to a limited number of telemedical consultations. These consultations are included in your subscription and are not billed separately.  All other services outside the telemedical consultation, such as home tests, prescription drugs, specialist consultations, and so on, are not included in the telemedical consultation, and you are solely responsible for the resulting costs; these costs may be covered by your (health) insurance depending on the insurance policy (see section 7 below).    

If you do not have a paid subscription plan (“Essential Pack”) or a trial offer (“Try Me”), or if you have already reached the maximum number of calls included in your subscription plan, you can still request a telemedical consultation. In this case, the telemedicine provider will bill you either directly or indirectly through your (health) insurer, according to its general terms and conditions (see section 7 below).

7. Fees and payment form

Using the self-diagnostic tool is free of charge. You can use it as a guest without registration.

Based on the MyHealthCheck subscription plan you have chosen, other services such as home testing, remote medical consultations, ambulatory/emergency care, delivery or purchase of drugs and medical devices, online health services, and so on, may be partially or completely outside the scope of MyHealthCheck services and therefore may be subject to additional fees.

Depending on the type of insurance you have, these costs may not be covered or only partially covered by your insurance (health) provider. We therefore recommend that you clarify any questions regarding the reimbursement of these services with your (health) insurer in advance (e.g. the deductible rate or co-payment or any restrictions on your first point of contact).

To the extent that services are provided by Groupe Mutuel in exchange of payment, online payment processing is carried out by the service provider Stripe, and its general terms and conditions apply (https://stripe.com/payment-terms/legal).

 

8. Entirety and accuracy of your data

The responsibility is yours to ensure that the information you provide during registration is complete and correct. Specifically, you must register with your full name, your personal e-mail address and your personal mobile phone number. Names and nicknames are not permitted. You are bound to adapt any changes to your personal data in your profile settings immediately.

Groupe Mutuel is not liable for damages resulting from changes to your personal data that are not communicated or that are communicated too late.

 

9. Personal user profile

You cannot assign/transfer your account to third parties and you cannot allow third parties to access your account. You are personally responsible for ensuring that third parties do not access your account or user profile.

Groupe Mutuel declines all responsibility for any damage resulting from third party access to your account or user profile.

10. Password & Security

The user is responsible for the security and protection of the password chosen at the time of registration and for all activities that occur under his or her password and account. You also agree to immediately notify Groupe Mutuel of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account after each session. You are also responsible for maintaining the security of your systems, programs and data within your sphere of influence.

Groupe Mutuel endeavours to ensure that the systems, programs and data in its sphere of influence are cutting-edge. Groupe Mutuel takes the necessary technical and organizational measures to ensure the security of your personal data. If any security problems are identified, Groupe Mutuel will inform you immediately, to the extent necessary for your protection or required by law.

Groupe Mutuel will not be liable for any unauthorized access to your account, loss of data or damage resulting from your failure to abide by these obligations.

11. Prohibited use

You must not inappropriately use MyHealthCheck. In particular, you must refrain from the following actions in association with the use of MyHealthCheck:

  1. Use or try to use another individual’s account or system without Groupe Mutuel’s prior written consent;
  2. Create a false or disguised identity;

iii. Send spam (such as unsolicited email);

  1. Share content that contains viruses or other programs that may harm MyHealthCheck or affect the interests or property of Groupe Mutuel or other users of MyHealthCheck;
  2. Any behaviour that infringes the rights of Groupe Mutuel, other users or third parties in any way, such as the use of content to compete with MyHealthCheck, the use or sale of code, information or software programs, or the unauthorised downloading of proprietary content (text, images, sound, etc.);
  3. Upload, post, transfer, distribute, store or otherwise make available to the public the personal or medical data of other users or third parties on MyHealthCheck without the express prior consent of the individuals concerned;

vii. Use MyHealthCheck in a way that MyHealthCheck finds objectionable, undesirable or inappropriate at the discretion of MyHealthCheck, or which prevents or limits the ability of others to use the platform, or which may result in liability for Groupe Mutuel and other users, for example the dissemination of discriminatory, abusive or pornographic content or content that violates the intellectual property rights of Groupe Mutuel, other users or third parties ;

viii.  Overloading the servers hosting MyHealthCheck.

 

The user is solely responsible for all direct and indirect damages resulting from a breach of the aforementioned obligations or any other illegal or unlawful act.

If Groupe Mutuel discovers any signs of behaviour in breach of contract or the law, Groupe Mutuel may suspend, limit or modify the provision of services without notice and is entitled to damages and compensation from the user against claims by third parties resulting from the breach of the above provisions.

Groupe Mutuel also has the right, in the event of a breach by the user of the above obligations, to disclose the user’s data to authorities or third parties to the extent legally required or, at Groupe Mutuel’s discretion, is necessary to resolve the breach, and to remove from MyHealthCheck any content that does not comply or does not fully comply with these terms of use or applicable legal provisions.

 

12. Lien vers le site web de MyHealthCheck

You may create a link (or link) to MyHealthCheck’s website (“Website”) at www.myhealthcheck.ch, provided that you do so in a fair and legal manner that does not harm our reputation or take unfair advantage of it. If you want to create a link to the Website, you hereby expressly agree to:

  1.                     not display this link in a way that competes with Groupe Mutuel or MyHealthCheck (e.g. on a competing platform of Groupe Mutuel or MyHealthCheck).
  1.                   not establish a link between MyHealthCheck and a third party without the prior written consent of Groupe Mutuel;

 

iii.                 not name MyHealthCheck completely and correctly as the platform to which the link refers;

  1. ensure that the link does not implicitly or explicitly give the impression that Groupe Mutuel approves, supports or engages in the activities of other platforms or companies;
  2. ensures that the activities of Groupe Mutuel or MyHealthCheck are not portrayed in a false, misleading or other manner that could damage the reputation of Groupe Mutuel or MyHealthCheck.

The inclusion of a link to the website does not give you the right to use the content, names, logos, images or trademarks of Groupe Mutuel, MyHealthCheck or third parties without the prior written consent of the respective rights holders.

Groupe Mutuel retains the right to request the removal of links to the MyHealthCheck website at any time and without justification, and you are required to comply with this request immediately.

13 Rights on MyHealthCheck (your rights on MyHealthCheck)

Throughout the term of the contract, you have the non-transferable and non-exclusive right to use MyHealthCheck. The content and scope of this right is defined in the current terms of use.

All rights to MyHealthCheck and the software, layouts and databases related to MyHealthCheck as well as other existing rights remain the property of Groupe Mutuel or its partners listed in section 3.

Subject to section 10, the user is not permitted to use the name MyHealthCheck for advertising or other purposes without the prior consent of Groupe Mutuel.

Groupe Mutuel has the exclusive right to the domain on which MyHealthCheck is hosted. The user is not authorized to use the domain for his/her own purposes or to create a domain with a similar name.

14. Changes in services, termination, suspension

Groupe Mutuel may at any time restrict or block, wholly or in part, the use of MyHealthCheck in its entirety and/or the services, content or functions offered therein. Groupe Mutuel also reserves the right to refuse the opening of your account and to block, deactivate or delete your account or user profile at any time for any reasons (e.g., abuse), in whole or in part, permanently or temporarily. Groupe Mutuel may also, in its sole discretion, make updates or adjustments to MyHealthCheck at any time, or discontinue providing all or part of it without notice.

Groupe Mutuel is not liable to you or any third party in the above circumstances.

15. User’s responsibility & liability

You undertake to indemnify Groupe Mutuel and its employees, partners and service providers if you violate any legal provisions or one or more provisions of these terms of use, or if any other user or third party legally claims that any content posted by you on MyHealthCheck or any other use of MyHealthCheck by you violates any right of such user or other user or third party.

16. Exclusion of Warranty and Liability

Groupe Mutuel excludes all warranty claims to the fullest extent of the law. In particular, Groupe Mutuel does not warrant or guarantee that (i) MyHealthCheck and its associated services will meet your needs or will be trouble-free and without risk to your health, (ii) MyHealthCheck will be available without interruption or error, or (iii) the information provided by MyHealthCheck is accurate.

To the extent legally permissible, Groupe Mutuel, including its staff, partners and service providers, shall not be liable for any direct or indirect damages of any kind (e.g. loss of private or other data by you or any third party).

This is particularly, but not exclusively, applicable to damage in relation to:

  1. the use or unavailability of MyHealthCheck;
  2. the use of or reliance on any content accessible via MyHealthCheck;

iii. the download of documents or material accessible via MyHealthCheck;

  1. transmission errors, technical failures or technical malfunctions;
  2. a computer virus, a DDoS attack or any other technologically harmful material;
  3. Force Majeure / Acts of God (such as natural disasters, government decrees/orders, pandemics, wars, fires, floods, explosions or popular uprisings, and so on).

17. Amendments to the conditions of use and user manual

Groupe Mutuel may amend these terms of use and the user manual at any time without further notice. We strongly suggest that you regularly check these Terms of Use and the User Manual on our website for updates or changes. Through your ongoing use of MyHealthCheck, you agree to the amended terms of use and user manual. Groupe Mutuel will notify you as a user of MyHealthCheck, if applicable, in addition by e-mail or as part of the registration process for MyHealthCheck, of any material changes to these terms of use and the user manual and, if legally required, will obtain your consent to such changes.

 

18. Other Provisions

If any provision of these terms of use is invalid or ineffective in whole or in part, the validity of the remaining provisions shall not be impaired.

The failure of Groupe Mutuel to waive or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision by Groupe Mutuel.

 

19. Governing law and jurisdiction

The contractual and binding relationship between you and Groupe Mutuel on the basis of these Terms of Use and all matters arising out of or relating to these Terms of Use (including non-contractual disputes and claims and their interpretation) shall be governed by Swiss law, under exclusion of conflict of law provisions and the United Nations Vienna Sales Convention (CISG).

All disputes and claims arising out of or in connection with the contractual relationship between you and Groupe Mutuel on the basis of these Terms of Use (including non-contractual disputes and claims and their interpretation) shall be submitted to the exclusive jurisdiction of the courts of your residence ( in case of legal action by Groupe Mutuel) or, at your option, your place of residence or the registered office of Groupe Mutuel in Martigny (if you undertake such action).