Terms of use
Terms of Use Welcome.ch
Version May 2022
Scope
These Terms of Use (hereinafter referred to as Terms) together with the referenced documents are applicable to Welcome.ch as well as the Swisscare App (hereinafter collectively referred to as Welcome.ch) including, but not limited to the rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). The User may only use and access Welcome.ch in accordance with these Terms of Use, including all referenced terms therein.
Specific terms, conditions and policies may be applicable to certain functionalities, in these cases the terms of use may be supplemented, modified or replaced by other terms and conditions.
The User accepts that by accessing Welcome.ch, downloading the Swisscare App, or any other action in connection with Welcome.ch, the validity of the and applicability of the most current version of the Terms of Use, they may be supplemented, modified or replaced by other terms and conditions.
Operator
Welcome.ch is operated by Swisscare Switzerland Ltd., Morgenstrasse 129, 3018 Bern (hereinafter Swisscare).
Welcome.ch is a website that provides information, and certain other functionalities and services for Swisscare customers.
By downloading, installing, accessing, browsing or using Welcome.ch, The User accepts and agrees to these legally binding Terms. The Terms are entered into for the benefit of Swisscare and its affiliated companies, who may each enforce these terms against the User. If the User does not agree to these Terms of Use, then any access, download, installation and/or Use of the Welcome.ch must cease immediately.
Customer Account
The Swisscare App can be downloaded by Swissare Customers of legal age who have a Swisscare Customer Account. The Swisscare Customer Account is created during the first time application for an insurance product or service.
During this application, an account is generated and needs to be activated as well as password protected by the User. Their is a two step verification in place, however, Swisscare recommends to regularly update the password.
Swisscare also reserves the right to change the identification details and verifcation process at any time.
Intellectual property
Information, brand names and other contents Welcome.ch may not be modified, copied, duplicated, sold, leased, used, supplemented or otherwise exploited without the prior written consent of Welcome.ch.
All intellectual property rights in and to Welcome.ch belong to Swisscare or their licensors.
All trademarks, service marks, trade names, and logos are proprietary to Swisscare or used by Swisscare with the permission and consent of third party providers. Nothing contained on the Welcome.ch should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Welcome.ch without the written permission of Swisscare. The use of the trademarks displayed or any other content on Welcome.ch, except as provided herein, is strictly prohibited. The User acknowledges that there is no right to have access to the Swisscare App in source code form.
Swisscare grants the User non-exclusive and non-transferable rights to use the information, software and documentation made available to the extent agreed upon or, in the event of no such agreement, in a manner consistent with the purpose intended by Swisscare in the act of providing and making information, software and documentation available. Nor rights can be directly or indirectely be construed as sold to a User. The sole right of the User is to use Welcome.ch in accordance with these General Terms and Conditions.
The User may not at any time sell, lease or otherwise make available to third parties the information, software or documentation. The User aknowledges that information, software and documentation are protected both by copyright laws and international copyright agreements, and by other laws and agreements pertaining to intellectual property. The User shall observe these rights.
Apart from the usage rights or other rights granted expressly to the User in these General Terms and Conditions, no further rights of any kind, particularly rights to the company name and industrial property rights such as patents, registered designs or trademarks, are granted to the User. No obligation to do so can be construed or interpreted.
If the User communicates ideas and suggestions concerning Welcome.ch, Welcome.ch shall be entitled to use these free of charge for development, improvement and adaptation of any of its products.
Find a doctor function
The find a doctor function shows the User enterprises and services available in the are, based on their respective Google Maps information.
This functionality is meant for informational purposes only. It is not intended to implicated or grant any kind of insurance coverage, nor give any indication of the qualifications of the enterprises and services mentioned. The User should always verify the proposed service or enterprise and verify coverage directly with the insurance company. Welcome.ch doesn’t accept any responsibility and waives all liability for decisions made by the User based on the information provided by this functionality.
Data Protection
The User’s submission of information, including personal information, through or in connection with the Welcome.ch (if any) is governed by the terms of our privacy policy as updated from time to time, available at ("Privacy Policy").
Third Party Links and Information
Welcome.ch may contain hyperlinks to third-party websites. Welcome.ch expressly waives all responsibility for the content of these websites as Welcome.ch does not control the linked information and is also not responsible for the contents and information made available there. Welcome.ch expressly waives any liability for loss or damage sustained as a result of the access and use of Third Party Sites. Use of such websites is at the User’s own risk.
To the extent permitted by law, any and all liability is expressly excluded.
Important Notice
The content provided in the Welcome.ch is intended for general informational purposes only. Companies and individuals should not rely on the information provided in Welcome.ch for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Customer of Welcome.ch, you may be subject to other agreements with Welcome.ch. These Terms apply to the use of the Welcome.ch App and do not change or alter any other contract or agreement existing between the User and Welcome.ch.
Restrictions
When using Welcome.ch, the User may not:
- Use Welcome.ch in an unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these General Terms and Conditions, or act fraudulantly or maliciously;
- Contravene the rules of good conduct during usage;
- Infringe industrial property rights, copyrights or other property rights;
- Transmit content containing viruses, Trojan horses or other programs that can damage software;
- Enter, store or send hyperlinks or content without authorization to do so, particularly when such hyperlinks or content violate confidentiality obligations or are unlawful;
- Use Welcome.ch to record, post, or transmit any defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or otherwise objectionable information or any kind of information that may infringe on third party rights;
- Distribute advertising, unsolicited emails or false warnings of viruses, malfunctions and such like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes or similar actions;
- Use Welcome.ch in such a way that it could damage, disable, overburden, impair or compromise systems, security, interfere with other Users or in any way have a negative impact on Welcome.ch;
- Use Welcome.ch to collect, harvest, or process any data from Welcome.ch site, app, or systems, or attempt to decipher any transmissions to or from the servers in use, for example by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, mine, or in any way attempt to gather any kind of data or content or reproduce or circumvent the structure or presentation of Welcome.ch without prior written consent.
Swisscare has the right to block any User from accessing Welcome.ch, especially if any provisions in these Terms of Use are violated.
Disclaimer
Welcome.ch is provided 'as is' and, to the extent permitted by applicable law, Welcome.ch excludes all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any liability for loss or damage sustained as a result of accessing and using Welcome.ch is expressly disclaimed.
No warranty is made concerning the completeness, accuracy or currentness of information or content provided in Welcome.ch. Such information is also subject to change at any time without notice.
No warranty is given that the functions of Welcome.ch will be uninterrupted or error-free, that defects will be corrected or that Welcome.ch will be free of viruses or other harmful components. Each User is obliged to conduct their own due diligence to assess the accuracy, reliability and quality of all content provided by Welcome.ch
Place of Jurisdiction, Applicable Law.
All questions and disputes in connection with Welcome.ch are subject exclusively to Swiss law. Sole jurisdiction is the seat of Swisscare; compulsory places of jurisdiction remain reserved.