General
Terms and Conditions of Business
Version dated 1st December
2024
Table of contents
A. General information....................................................................................................... 2
1. Scope
of these General Terms and Conditions of Business............................. 2
2. Online
registration........................................................................................ 2
3. Conclusion
of contract.................................................................................. 3
B. "mednet"
communication service.................................................................................... 3
1. Functionality................................................................................................. 3
2. User's
right of use......................................................................................... 3
3. Exclusion
from the right of use....................................................................... 4
4. Technical
aspects and requirements.............................................................. 4
5. Extended
use of mednet............................................................................... 5
6. Obligations
of the User to cooperate.............................................................. 5
7. Documentation
and instructions..................................................................... 5
8. Maintenance
and further development........................................................... 5
9. Intellectual
property...................................................................................... 6
10. Fees
and costs............................................................................................. 6
11. Security
measures of the User....................................................................... 7
12. openmedical
guarantee................................................................................. 7
13. openmedical's
limitation of liability.................................................................. 8
14. Termination
of the Right of Use..................................................................... 8
C. "mednet
patient" electronic health record........................................................................ 9
1. Functionality................................................................................................. 9
2. Online
registration........................................................................................ 9
3. eGD
service/Right of Use............................................................................ 10
4. Exclusion
from the eGD service/offers from third parties................................ 10
5. Technical
requirements............................................................................... 10
6. Maintenance
and further development......................................................... 10
7. Obligations
of the User................................................................................ 11
8. Fees
and costs........................................................................................... 11
9. Intellectual
property..................................................................................... 11
10. Guarantee
and responsibility for content....................................................... 11
D. Other
general provisions.............................................................................................. 12
1. Term
and termination.................................................................................. 12
2. Privacy
policy............................................................................................. 13
3. Confidentiality............................................................................................. 13
4. Marketing
and advertising........................................................................... 13
E. Final
provisions........................................................................................................... 13
1. Severability
clause...................................................................................... 13
2. Assignment
and delegation......................................................................... 13
3. Amendments
to the contractual conditions.................................................... 13
4. Communications......................................................................................... 14
5. Applicable
law and jurisdiction..................................................................... 14
1.4
General terms and conditions of the User shall
only apply to the extent that openmedical has expressly agreed to them in
writing.
2.1
In order to enter into a contractual
relationship with openmedical, a User must register on the
"www.openmedical.swiss" website or via "mednet" (via https://www.mednet.swiss). Registration
is free.
2.2
When a "mednet"account is opened,
"mednet patient" access (https://www.mednetpatient.swiss) is
automatically generated for the User. This gives
them the opportunity to keep or process an electronic health record for their
patients. However, if a User does not make use of their access to their
electronic health record, "mednet patient" access remains free of charge.
2.5
In the event of a breach by the Userof any of
the provisions in these sections, A.2.3 and A.2.4, openmedical is entitled to block and/or
delete the User's account and/or access and/or to claim damages.
By completing
the registration process in accordance with section A.2 above, the User
acknowledges and agrees to these GTC. At the same time, the User thereby
submits an offer to openmedical to conclude a contract regarding the use of
openmedical products (see, however, Section A.2.2 above). By activating the User,
openmedical accepts this offer, and a contract is concluded between openmedical
and the User, taking into account these GTC. The User will
be informed accordingly.
1.1
"mednet" in
all its forms (web, desktop, etc.) is a software-based electronic
communication solution that aims to securely transmit health data to the User
(individually and together referred to as mednet).
2.2
The Right of Use, which is available to the User
at all times (unless otherwise agreed), is limited to the communication of data
between stakeholders in the healthcare sector.
2.3
"Intended use" within the meaning of
these GTC includes, as an exhaustive list:
a)
Use of mednet in the User's operation for their
own purposes (i.e., communication of health data between stakeholders in the
healthcare sector) during the contractual relationship with openmedical and
within the meaning of these GTC, i.e., in particular, in compliance with the
User's obligations under these GTC (see in this regard, in particular, but not
exclusively, the following sections B.4, B.5, B.9, B.10, B.11, or D.3);
b)
making copies of mednet, or the underlying
software, that are required for backup and archiving purposes; and
c)
not executing excluded actions (see section I.B.3 below).
3.1
Unless these GTC stipulate otherwise and/or
openmedical has given its prior explicit consent, the scope of the right of use
in accordance with section B.2 above is exhaustive. The following, in
particular, are therefore explicitly excluded from the Right of Use and prohibited
to the User:
a)
offering, renting, lending, passing on, making
available or distributing mednet (including its software source code and
documentation; together referred to as: the "Licensed Material")
to third parties – whether via the Internet or in any other way;
b)
copying mednet or its underlying software
(including documentation) beyond the intended use, editing it, modifying it,
(back) translation or extension of it, creating derivatives of the software, or
performing other actions in order to obtain the source code of the software;
c)
additional functionalities of mednet (such as,
for example, advertising spaces, advertisements, store access, etc.), which are
only available within the framework of an additional agreement concluded
between the Parties. openmedical reserves the exclusive right to conclude
additional agreements.
3.2
In any case, the User is prohibited from
misusing mednet, behaving improperly, or distributing or otherwise making
accessible criminal or illegal content of any kind via mednet.
3.3
The User does not acquire any (intellectual)
property or ownership rights to mednet or the underlying software through its
Right of Use for mednet. All corresponding rights shall remain with the
Licensor (see section B.9).
4.2
During data transmission, the electronic
signature is provided and encryption of the data is carried out. The data can only be decrypted by another User.
4.4
The User undertakes to create all necessary
conditions in order for it to be possible to use mednet. This includes, in
particular, the acquisition, installation and maintenance of suitable hardware
or system components and a corresponding IT program (collectively: the "IT
System"), all of which are the sole responsibility of the User, as
well as functionality, security and legal compliance on the part of the IT
System.
4.5
Documentation on the minimum technical
requirements for the installation and the technical operating conditions of
mednet will be provided by openmedical on request.
5.1
The use of mednet on several workstations, on IT
systems with a larger capacity or higher performance (with the exception of
increased server capacity), in networks, in client-server operation or on
additional mobile devices requires prior consultation with and consent from
openmedical.
5.2
In the event of extended use of mednet,
openmedical is entitled to increase the usage fee and any other associated fees
(see section B.10 on fees/costs) in proportion to the extension of use with a
notice period of at least one month, to take affect at the beginning of the
next month.
6.1
In addition to the other obligations of the User
listed in these GTC, the User undertakes to take all necessary assistive
actions to aid cooperation, in particular, the following:
a)
Communication of a competent contact person,
including contact details (phone number,email, etc.) as part of the
registration process with openmedical. The User acknowledges that all
communication between the Parties regarding the use of mednet shall take place
via this contact person.
b)
Taking appropriate precautions against possible
malfunctions of mednet (e.g., data backup, regular monitoring of functionality,
etc.);
c)
Taking the necessary security measures with
regard to the use of their IT System or mednet (e.g., up-to-date virus
protection, firewalls, etc.) and, in particular, not storing health data
locally on private hardware (e.g., computers, mobile, etc.).
d)
Prior announcement of relevant operational
process changes to openmedical (e.g., modification of the format and layout of
the health data to be transmitted).
6.2
The User will fulfil all obligations to
cooperate at their own expense.
7.
Documentation and instructions
7.1
openmedical provides the User with documentation
for the operation of mednet and updates it as necessary. The User may use and
copy this documentation for use in accordance with this contract. Any further use requires the prior consent of openmedical.
7.2
The User undertakes to comply with all
instructions given by openmedical in connection with the use of mednet.
8.1
The User is aware that mednet or the underlying
software is revised from time to time to correct program errors or for further
development in the context of new releases (software versions). If not already
carried out automatically, the User undertakes to carry out corresponding
updates at the request of openmedical.
8.2
The User acknowledges that the appearance, name,
interfaces, behaviour and output of mednet may change as a result of these
further developments.
8.3
openmedical shall correct program errors within
a reasonable period of time. Maintenance, support and other services are
offered exclusively via email at support@openmedical.swiss (see section B.10 on
fees/costs).
8.4
The User shall provide openmedical with the
assistance required for (maintenance) work in the User's area. This includes,
for example, granting access to the User's IT System, the permission to view,
change, update or delete existing technical data or software, or provision of
the necessary infrastructure. Maintenance work can be logged and/or recorded in
other suitable ways.
8.5
openmedical is not liable for any damage to the
User's IT System that occurs after maintenance, unless this has been
demonstrably caused by openmedical.
9.2
Irrespective of the granting of the Right of Use
in accordance with these GTC, all rights to mednet or the underlying software
(as well as related documentation and expertise) remain with the Licensor. The
User is not granted any rights of disposal or of ownership or any proprietary
rights to the software (or to any of the Licensed Material).
9.3
The User shall affix all copyright notices and
other notices relating to intellectual property that are contained in the
original on mednet or in the software and/or documentation on all copies made
by the User and on all other storage media used by the User for such purposes.
9.4
The User undertakes to notify openmedical
without delay of any claims asserted by third parties for infringement of
intellectual property rights relating to mednet or the software and shall leave
the conducting of any litigation proceedings exclusively to openmedical and/or
the Licensor. Under these conditions, openmedical and/or the Licensor shall
assume the costs and damages imposed on the User.
9.5
The User shall be liable to openmedical for all
damages culpably caused by them as a result of copyright infringements and/or
infringements of other industrial property rights.
10.1
Unless otherwise agreed between the User and
openmedical, the User shall pay openmedical an annual usage fee per mednet
module used, as well as other annual fees (in particular, maintenance fees and
costs per connected communication partner), for the use of mednet, in addition
to one-off installation and project costs, whereby the invoice shall be issued
in January of the year of operation, at the latest (i.e., in advance). Further
fees and costs (e.g., transaction costs and costs for customer-specific services)
may then be incurred, and these are generally invoiced on a monthly basis.
10.2
The current fee and price list can be viewed
online at www.openmedical.swiss and will be
sent to the User upon written request to support@openmedical.swiss. The first
fee payment (in particular, installation and project costs, as well as usage
fees and other annual fees – see above) is due immediately upon installation of
the software. The usage fee is due irrespective of the effective use of mednet.
10.3
Unless otherwise agreed between the User and
openmedical, the above-mentioned fees and costs shall apply to services that
are necessary for the proper fulfilment of the Contract (see Section B.5 above
for extended use). In addition to the Right of Use, the usage fee also covers
the documentation costs and further developments of mednet. This does not
include maintenance fees and costs per connected communication partner.
Transaction fees incurred through usage are charged monthly together with
specifically offered and customer-specific services (see section B.10.1 above).
10.5
The User is only entitled to offset, or exercise
any right of retention in relation to, claims that are undisputed or which have
been established by a court of law.
11.1
The User shall take the necessary technical and
organisational measures to protect mednet or its software and documentation(s)
from unwanted disclosure or access, theft, or misuse by unauthorised persons.
11.2
The User shall also ensure the monitoring of the
number and location of the copies of the program that are created in connection
with the intended use.
12.1
openmedical guarantees the careful provision of
its services in connection with the granting of the Right of Use for mednet.
12.2
The User will examine mednet after registration
and activation and will report any and all defects immediately in writing or by
email, but at the latest after a further 30 days. Defects must be reported
immediately after discovery. In the event of hidden defects, the User will
notify openmedical in writing or by email within 10 days of their discovery.
12.3
If there is a defect, the User can initially
only request a free repair. Openmedical shall at its own discretion either
remedy the defect within a reasonable period of time or provide the User with a
new, error-free version of mednet. Defect correction costs
are at the expense of openmedical.
12.4
In the event that openmedical has not
(successfully) carried out or cannot carry out the requested rectification
within a reasonable period of time, the User shall be entitled to either (i)
make a deduction from the usage fee corresponding to the reduced value; or (ii)
withdraw from the Contract – though it may only undertake the latter if there
are significant defects.
12.5
The rights arising from production defects shall
expire within two (2) years of registration or activation of the User.
Maintenance services provided by openmedical during the limitation period shall
be deemed to be rectification of defects, unless the User proves otherwise.
12.6
Further guarantee claims are excluded to the
extent permitted by law. In particular, openmedical does not guarantee that
mednet corresponds to the purpose of the User. The User is responsible for the
careful operation of mednet and for regularly checking its functionality.
openmedical excludes any guarantee in the event that the User is at fault
(e.g., if the User makes changes to mednet without the prior consent of
openmedical, violates openmedical's instructions or otherwise uses it in a
manner not intended), or if defects are caused by external influences.
12.7
openmedical accepts no responsibility for and
excludes any guarantee in connection with the selection, use and maintenance of
the IT Systems deployed by the User for the purpose of using openmedical
products, including Internet connections.
12.9
The User is aware of the fact that mednet is
used via the Internet, which is an open network accessible to everyone. Despite
the use of modern security technologies, no absolute security can be guaranteed
either on the part of openmedical or on the part of the User or in the context
of data transmission.
12.10
While openmedical makes every effort to ensure a
high level of availability of mednet, it offers no guarantee of uninterrupted,
fault-free and/or error-free functioning or availability.
12.11
openmedical explicitly excludes any liability
for damage or the consequences of damage due to unforeseen events, such as
interruptions of or disruptions to mednet due to force majeure (e.g., power
failure, virus attack, natural events, etc.), or third-party fault, overloads
or other disruptions to network connections, official measures (in particular,
unforeseeable restrictions), changes to services by the User or practice
software manufacturers, etc.
12.13
Any guarantee and liability for third-party
software used in connection with the use of mednet is excluded to the extent
permitted by law.
12.14
openmedical points out that mednet may show
connections or references ("links") to third-party websites. The
accuracy and completeness of such information cannot be checked by openmedical;
any responsibility for its content is rejected by openmedical.
13.2
Furthermore, to the extent permitted by law, the
liability of openmedical for itself or its vicarious agents for indirect
damages and consequential damages (e.g., loss of profit, third-party claims,
loss of data, etc.) is excluded.
14.
Termination of the Right of Use
14.1
With the termination of the contractual
relationship between openmedical and the User (see section D.1 below), the Right of Use for mednet also
expires with immediate effect and automatically. The User may no longer use
mednet after termination of the contractual relationship and otherwise
infringes the Licensor's copyrights.
14.2
The User is obliged to return (partial) copies
of mednet or its underlying software (including modifications or software
components linked to other programs), as well as all associated documentation,
materials and other documents, to openmedical immediately and without being
requested to do so, or to arrange for their complete destruction and to confirm
this to openmedical.
14.3
Any software installed for the use of mednet
(including changes or software components connected to other programs) must be
completely uninstalled. The completion of the uninstallation must be confirmed
to openmedical no later than five working days after the end of the Contract.
14.4
If the User does not comply with this
obligation, openmedical has the right to charge them usage fees until further
notice. Any right of retention according to Art. 895 of the Swiss Civil
Code (ZGB) is waived. The User reserves the right to retain an archive copy of
the Licensed Material that is not used for productive purposes in order to
comply with statutory retention obligations.
1.1
The web-based, electronic health record
"mednet patient" eGD (the "eGD") is a software-based
service that openmedical provides to public and/or private companies or service
providers active in the healthcare sector, but also to private individuals and
patients. The eGD serves on the one hand as an electronic storage medium for
health data (see Section B.1.2 above) and on the other hand for the
electronic provision, retrieval, analysis and other processing of such health
data at any time for the purpose of exchange between patients and doctors, as
well as other health professionals (e.g., hospitals, laboratories, medical
radiological institutes, pharmacies, and/or other healthcare professionals as
part of a medical treatment. At the same time, patients can use the eGD to
purchase medical goods (e.g., medicines, consumables, etc.) and services.
1.3
openmedical confirms that it will comply with
applicable law and will only carry out activities requiring authorisation or
licensing if it has the appropriate authorisation or license.
2.1
Upon the opening of a mednet account by the
User, "mednet patient" access is automatically generated (see
Section A.2.2 above). Registration of the User is
required for use of the eGD, even if the User does not store any health data
themselves.
2.2
Reference is made below to the statements in
section A.2.2
3.
eGD service/Right of Use
3.1
openmedical hereby grants the User the personal,
non-exclusive and non-transferable right to access the eGD and to use and
utilise it as intended for the intended purpose.
3.2
The User receives access to the health data
entered by their patients via the eGD and, as soon as the Patient has granted
the User the corresponding access rights, can subsequently retrieve, analyse
and supplement it with further medical information, but, in particular, also
use this data for any medical treatment. The User can also communicate with
their patients via the eGD and send them documents electronically.
3.3
The User shall take into account that the health
data may also be made accessible only in part, for a limited period of time, or
until revoked, or with different authorisations and processing rights.
3.4
Details on the eGD services as well as on the
purchase of medical goods and services via openmedical or third parties are
regulated in the eGD as well as on the corresponding website (https://www.mednetpatient.swiss). The provisions there shall be deemed to have been agreed between
the User and openmedical if and as soon as a User has subscribed to eGD
services from openmedical or has ordered goods and/or services from
openmedical, and openmedical has confirmed the subscription or order.
The use of the
eGD does not include services and offers provided by third parties, even if
these are brokered and/or marketed via the eGD or openmedical (see
Section D.4 below). In these cases, the provider in
question is the sole contractual partner of the User, on the basis of its
contractual conditions. In this case, the openmedical service is limited to the
provision of the eGD, insofar as this is relevant for the provision of the
services of third parties. Services and offers from third parties are marked or
recognisable as such.
5.1
The User is responsible for providing the
technical requirements (the IT System, if necessary also employing use of the
"mednet patient" application for mobile devices, Internet access,
etc.) for using the eGD after online registration.
5.2
The date, time, type of access and IP address of
all instances of access are logged on the eGD of the User.
5.3
Reference is made to the statements in
sections B.4.3 f. above.
Reference
is made to the statements in section B.8 above.
7.1
The User warrants that they shall only register
a single, personal eGD for themselves and acknowledges that opening an eGD for
third parties is not permitted. Opening an eGD within the framework of a legal
right of representation remains reserved.
7.2
The User undertakes to use the eGD only in
accordance with the Contract and for the intended purposes in accordance with
sections C.1 and C.3 above. Reference is made to the statements
in section B.3 above.
7.3
It is in the User's own interest to ensure, and
it shall ensure, that the health data they enter and store in their patients'
eGDs is correct and complete. The User alone is responsible for the
consequences of incomplete or incorrectly entered patient health data. This
also applies, in particular, in the event that certain health data cannot be
entered for technical reasons.
7.4
The User is responsible for deciding which other
users are granted access to their eGD. The User is aware that, and bears the
full risk if, access can be misused by third parties and unauthorised persons
can also gain access to their eGD if they obtain access data. It is the sole
responsibility of the User to instruct and monitor these third parties
accordingly or, if necessary, to withdraw their access. openmedical is not
obliged to take action against other Users for any violation of these GTC.
8.1
The fees for using the eGD can be requested at
support@openmedical.swiss.
8.2
Reference is made to the section B.10 above.
9.1
The eGD or the software on which it is based is
protected by copyright. All (intellectual) property or ownership rights and all
trade mark rights to the software and/or in relation to the eGD, remain with
novcom AG, Reinach (BL), CHE-398.697.236 (the "Licensor").
Reference is made to the statements in section B.9 above.
9.2
It is assumed that the other third-party content
accessible via the eGD or made available by openmedical – with the exception of
the individual health records on the eGD – is also protected by copyright, and
its use, unless covered by these GTC, is only permitted with the written
consent of the relevant author and against payment.
10.1
To the extent permitted by law, openmedical
rejects any liability for any direct or indirect damages incurred by the User
in connection with the use of the eGD. This includes, in particular, damage due
to the use of health data and damage due to transmission errors, technical
defects, interruptions, disruptions, or unlawful actions of third parties.
10.2
The User and their patients are solely
responsible for what health data or other content is uploaded to the eGD or
forwarded to third parties and disclosed to them. To the extent permitted by
law, openmedical excludes any responsibility for health data or other content
uploaded to the patient's eGD by the User or the patient themselves, in
particular, their correctness, completeness, up-to-dateness, legality,
appropriateness and availability, as well as their suitability for a specific
purpose. openmedical accepts no liability for any damage or consequential
damage resulting from the aforementioned causes. In particular, openmedical
excludes any liability for damage or consequential damage caused by system
interruptions or failures and is also not liable for data losses in the eGD. In
this context, reference is made below to the statements in section B.12
above.
10.3
openmedical is in no way responsible for actions
taken in relation to patients on the basis of the health data transmitted.
10.4
Reference is furthermore made to section B.13
with respect to liability.
1.1
The legal relationship between openmedical and
the User or Users is concluded for an indefinite period, unless otherwise
agreed between the Parties.
1.2
It can be terminated in writing by either Party
at the end of any month with a notice period of six months, but at the earliest
12 months after the start of the contract. Termination can also be issued by
the User in their account.
1.3
The User's right of termination in accordance
with section E.3.2, below, is reserved.
1.4
openmedical
has the right to terminate the Contract extraordinarily and without notice for
cause. Cause is granted in any circumstance that makes it unreasonable for
openmedical to continue the cooperation until the end of the agreed notice
period. Cause is primarily constituted by: (i) non-compliance with legal
regulations by the User (ii) serious breach of contractual obligations by the
User (e.g., misuse of the openmedical products, incorrect information when
concluding the contract, default of payment for at least 60 days despite
written reminder, infringement of intellectual property rights despite written
warning) or (iii) damage to other Users by a User in a relevant manner. In this
case, any remuneration is calculated pro rata
temporis. The right to claim
damages remains unaffected.
1.5
On the effective date of withdrawal or
termination, all openmedical services will be discontinued, all access rights
will be deleted, and the User's online account will be closed. Data from the
eGD will no longer be available to the User. At the same time, the User's right
to the intended use of the openmedical products will expire. With regard to
mednet, the User is expressly informed that they may no longer use it after
termination of the legal relationship with openmedical and that they will
otherwise be infringing the Licensor's copyright.
1.6
Upon termination of the Contract, the User is
obliged to return the Licensed Material and all copies made thereof, as well as
all parts of the Licensed Material that have been modified or linked to other
programs or data systems, to openmedical within 30 days of termination of the
Contract or expiry of the licence without being requested to do so, or to
confirm their complete destruction in writing or by email. If the User does not
comply with this obligation, openmedical has the right to charge them recurring
usage fees until further notice. Any right of retention according to
Art. 895 ZGB is waived. The User reserves the
right to make a copy of the Licensed Material exclusively for statutory
archiving purposes.
2.1
A separate contractual processing contract (https://openmedical.swiss/LegalResources/ABV_openmedical_AG_en.pdf) is concluded between the User and openmedical, within the
framework of which the data protection conditions are defined.
2.2
For private individuals, i.e., persons who are
not subject to professional secrecy and who use the eGD for private purposes,
openmedical acts as the data controller within the meaning of the Swiss Act on
Data Protection. In addition, the rights and obligations described in the
privacy policy (https://openmedical.swiss/LegalResources/DSH_openmedical_AG_en.html) apply to the data processing.
3.1
openmedical and the User shall treat third
parties confidentially with regard to all facts that they have learned in the
context of this contractual relationship and that are neither obvious nor
generally accessible, and shall not make these facts accessible to third
parties in any way or form. Such confidential information includes (in a
non-exhaustive list), in particular, all Licensed Material, but also other
ideas, concepts and procedures associated with mednet and/or the eGD or the
underlying software (in particular, regarding the processing of data), business
secrets of the Parties, and all other information that is declared confidential
by the disclosing Party. In case of doubt, facts must be treated
confidentially, unless the other Party has obtained prior consent to their
publication. Legal obligations to provide information are
also reserved.
3.2
This confidentiality obligation already exists
before the conclusion of the Contract and continues even after termination of
the contractual relationship.
openmedical is
authorised to advertise information and/or offers of (further) own services
and/or those of third-party providers within the framework of openmedical
products. openmedical is authorised to inform Users at regular intervals or on
special occasions by email about health-related services, offers and activities
of openmedical or third-party providers and to access their personal data for
this purpose.
Should one or
more provisions of these GTC be invalid or unenforceable in whole or in part,
this shall not affect the validity or enforceability of the remaining
provisions of these GTC. Instead, the (partially) invalid or unenforceable
provision shall be replaced by a provision that comes as close as possible to
the economic purpose of the provision to be replaced.
This Contract
or individual rights and obligations arising from it may only be assigned or
transferred to third parties with the prior written consent of the other Party.
3.3
The GTC can be viewed and downloaded in the
currently valid form in mednet, or the User's "mednet patient"
access, or on the websites https://www.mednet.swiss or https://www.mednetpatient.swiss.
3.4
In the event of changes to openmedical's
services (openmedical products), such as a replacement of the mednet and/or
"mednet patient" products, openmedical will endeavour to replace the
service provided to the User with equivalent products.
4.1
Unless otherwise agreed in these GTC, all
written communications from openmedical to Users can also be sent via email to
the email address provided by the User as part of the registration process.
They are deemed to have been sent and delivered upon sending.
4.2
There are no verbal ancillary agreements to this
Contract or to these GTC.
5.1
Subject to mandatory applicable law, these GTC
are subject to Swiss substantive law, to the exclusion of conflict of law rules
and the Vienna Sales Convention (CISG).
5.2
For all disputes arising from the legal
relationship between openmedical and the User, the courts at the headquarters
of openmedical have exclusive jurisdiction. Mandatory courts of jurisdiction
remain reserved. openmedical reserves the right to assert its claims before the
competent court at the User's place of residence/business or before any other
competent court.