Klinik Professor Sailer AG General Terms of Business

Klinik Professor Sailer AG (hereinafter referred to as the “Provider”), of Heuelstrasse 28, CH-8032 Zurich, provides customers with services in accordance with the following General Terms of Business. By proceeding to use the services, the customer agrees to the Terms of Business:

Intellectual property
All material available on the platforms www.schlafapnoe.com, www.sailerclinic.com, www.schlaflabor-zuerich.ch, www.stammzellen-sailerclinic.com, including information, products, trademarks, company logos, graphics, sounds, graphic user interfaces, software and services, are the property of either the Provider or an author, developer or partner working for the Provider. The fundamental immaterial property rights belong to the Provider and/or the relevant authorised third party provider. The components of the platform must not be copied, in full or in part, or imitated.

Customers may not decompile or extract the source code of the fundamental elements or any other software on the platform.

Changes to our services and updates
The Provider retains the right to adapt its services, and its services are continually developed. 

As such, the Provider also has the right to amend the General Terms of Business at any time. The version of the General Terms of Business currently published on the Provider’s website shall apply.

The Provider does not have any influence on the content of external websites that can be accessed via links from the Provider’s website. Thus, the Provider shall not be held liable for the content of such external websites. The respective provider or owner of the website in question shall be responsible for the content of their website. At the time the link was published on the clinic’s website, the relevant sites were checked for possible breaches of the law. No unlawful content was identified at this time. However, it is not possible to keep checking the content of these sites on a continuous basis without concrete suspicion of the law having been breached. If unlawful content is identified, the Provider shall delete the relevant links immediately upon becoming aware of this.

Content published by customers / forum  
Whilst the Provider provides its website users with an online forum on which content is published, users acknowledge the following regulations:

The Provider does not tolerate the publication of illegal content. Data that breaches current law or that is suspected of breaching current law will be immediately deleted, and the user’s account may also be suspended. 

It is not permissible to upload files and data which breach current law, or which are suspected of breaching current law. This includes, in particular, but is not limited to, provisions of copyright law, personal rights, trademark law, criminal law, youth protection law, data protection law and competition law. 

The customer shall indemnify the Provider from any third party claims regarding content transmitted by the clinic, including all legal costs incurred. 

The customer guarantees that the files he/she uploads do not contain viruses, trojan horses or other programmes that could threaten or impair the functionality or existence of the Provider’s platform or the platforms of third parties. 

Personal data
The Provider will not pass users’ personal data on to third parties. All personal data will be treated as confidential. Data required for the business relationship in question will be stored and may be transmitted to related organisations during the process of a transaction, insofar as this should be necessary.

If the customer uses this website, the web servers will record user data. The log files contain information about the IP address, the last page visited, the browser used, the date and time and the last file requested.

The website works with Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses “cookies”, that is, small text files stored on your computer, to analyse clients’ use of the website. Cookie data regarding the use of this website (including the associated IP address) is transmitted to Google servers and stored there. These servers may be located in the USA. Google uses this information to evaluate the website, compile reports on website activity for the owners and to provide additional services connected to the website and internet usage. Google can pass this data on to third parties insofar as this is permitted by law or third parties are appointed by Google to process the data. Google never connects the IP address with other Google data. The installation of cookies can be prevented by using the relevant browser settings. However, this does mean that the website will not be fully functional. By using the website, the customer consents to the aforementioned data processing by Google for the purposes listed above.

The customer shall ensure, by selecting appropriate login details and passwords, that no unauthorised persons have access to their data. Solely the customer shall be responsible for all services accessed, including all activities and transactions.

The customer confirms and guarantees that the information he/she provided during the registration process is truthful, correct, current and complete. 

The Provider shall retain the right to process and use the customer’s data in anonymous form and to provide the customer with additional information and offers on the basis of information generated in this way.

The customer shall have the right to receive information concerning the scope and content of his/her data that is stored after his/her identity has been verified, as well as to have incorrect data corrected and demand that his/her personal data be deleted. 

Guarantee and disclaimer
The Provider’s service provision may be limited by technical difficulties that the Provider does not have any influence on. The Provider endeavours to keep all downtime to a minimum and to maintain the functionality of the whole website. However, there can be no legal claim on the maintenance of constant availability. All claims for damages arising from the use, inaccessibility or limited accessibility of the platform are expressly excluded. 

The Provider shall not bear any responsibility for and shall not be liable for data security (including, but not limited to, transmission, confidentiality, integrity and availability) in connection with data transmission or other use, insofar as this is legally permissible.
Insofar as is legally permissible, the Provider shall not be held liable for damages or consequential damages resulting from the use of the Provider’s services and products. 

The customer shall not hold the Provider, its representatives, directors, employees and authorised representatives liable for any claims brought in connection with the use or acquisition of the Provider’s services or products. 

Interpretation of the General Terms of Business in cases of contradiction or omission
Should the Terms of Business contain contradictions or omissions, the appropriate regulation should be established using the purpose, meaning and spirit of the provisions; the principle of good faith; and the mutual interests of the parties. In case of changes to the General Terms of Business, if there are any contradictions, the later version shall take precedence over the earlier version. If a provision should prove to be or become invalid, this shall not affect the validity of the remaining provisions.

Applicable law and place of jurisdiction
These Terms of Business shall be governed by Swiss law, excluding the conflict of laws of private international law. The exclusive place of jurisdiction is Zurich.

Registered trademarks
MEDPOR® is a registered trademark of Porex Surgical Inc.
Radiolase® is a registered trademark of ellman International Inc.
Restylane® is a registered trademark of Q-Med 

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