General Terms and Conditions of Klinik Professor Sailer AG
Klinik Professor Sailer AG (hereinafter ‘the Provider’), Toblerstrasse 51, 8044 Zürich, offers the services to the Client in accordance with the following general terms and conditions. By purchasing the services the Client declares his consent to these conditions:
The entire material provided on the www.schlafapnoe.com, www.sailerclinic.com and www.snoreclinic-app.com plattform, in particular information, documents, products, brands, trademarks, graphics, sounds, graphical user interfaces, software and services originate either from the Provider or from an author, developer or other partner acting for the Provider. The underlying intangible property rights are due to the Provider and/or the respective third provider. The components of the platform may not be copied or imitated, either wholly or in part.
The Client may not decompile or extract the source code of the underlying elements or of any other software on the platform.
Changes to the Offer and Updates
The Provider reserves the right to modify the services and the offering is subject to continuous development.
The Provider is thus also entitled to modify the General Terms and Conditions at any time. The definitive version of the General Terms and Conditions shall always be the version currently published on the Provider’s website.
Confirmation of Order
The displaying of the app and other products in the online shop is not a legally binding offer; rather, it represents only a non-binding online catalogue. The Client places a binding order only once he has entered his personal data and the ordering process is executed. Following receipt of confirmation of a successful payment process, the Client receives a separate e-mail from the Provider containing access data that allows the Client to register on the website. When the access data is received, the contract is deemed to have been entered into.
The Provider has no influence over the content of external websites that are accessible via links on the Provider’s website. The Provider thus accepts no liability for the content of such external websites. The party responsible for the content of linked pages is always the provider or operator of those pages. The linked pages were checked at the time of the link being created for any possible infringement of the law. No unlawful content was detectable at the time of the link being created. The Provider cannot however reasonably be expected to continuously monitor the linked pages in the absence of specific indications of an infringement. Should an infringement become apparent, the Provider will remove the relevant links immediately.
Content Published by the Client / Forum
Where the Provider offers the Client an online forum and makes content from the public accessible in this forum, the Client shall accept the following rules: The Provider will accept no dissemination of unlawful content. Data that constitutes an infringement of applicable law, or for which the infringement of applicable law is suspected, shall be immediately deleted, and where appropriate the Client’s account will be blocked. The uploading of files or data that constitutes an infringement of applicable law, or for which the infringement of applicable law is suspected, is prohibited. This relates in particular to, but is not limited to, provisions in copyright law, rights of personality, trademark law, criminal law, youth protection law, data protection law and competition law. The Client shall indemnify the Provider from claims by third parties raised in connection with content he has uploaded in respect of the Provider, including any legal costs that may be incurred. The Client guarantees that the files he uploads are free of viruses, trojans or other software elements that could endanger or compromise the functioning or existence of the Provider’s platform or platforms of third parties.
The Provider shall not sell the data of the Client to third parties. All personal data is treated in confidence. The data required for the business transaction is stored and may be passed to associated companies in the course of order processing, where this is necessary.
If the customer uses this website, the web servers 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 uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses ‘cookies’, that is, small text files stored on your computer, to analyse clients’ use of the website. The information contained by the cookie about the use of the website (including the associated IP address) is sent to Google servers and stored there. These servers may be located in the USA. Google uses this information for evaluating the website, to create activity reports for the website operator and for providing additional services in the website and Internet areas. Google may pass this data to third parties, where this is prescribed by law or where the data is processed by a third party on behalf of Google. Under no circumstances will Google link the IP address to other Google data. The storing of cookies can be prevented by making the appropriate browser settings. This may, however, in this case result in the availability of certain website functions being restricted. By using the website, the Client declares his consent to the data processing described previously by Google for the purposes mentioned. The Client must ensure, by appropriately choosing access data and passwords, that no unauthorised person has access to the data. The Client is solely responsible for all access to the Services including all activities and transactions. The Client declares and guarantees that the information he provides in connection with registration is correct, up to date and complete. The Provider has the right to process the Client’s data in anonymised form and to use it, and to use the information generated from this to send further information and offers to the Client. The Client is entitled to obtain information, following successful identity checks, about the scope and content of the information stored about him, to correct incorrect data and to request that personal data be deleted.
Warranty and Liability Disclaimer
Provision of the Services by the Provider may be disrupted in particular by technical circumstances beyond the Provider’s control. The Provider endeavours to keep any downtimes as short as possible and shall strive to ensure that all functions are available at all times. No right exists in law, however, to constant availability. Claims for compensation for damages arising from use of the platform, or from the unavailability of use or restricted use of the platform, are expressly excluded. To the extent permissible in law, the Provider declines all responsibility and liability for data security (in particular but not restricted to data transfer, privacy, integrity and availability) in conjunction with the transmission or other use of the data. Liability of the Provider for damage or consequential loss arising from the use of the Services and products obtained from the Provider is excluded to the extent permissible in law. The Client shall indemnify the Provider, his representatives, directors, employees and proxies from all claims that may be raised against the Provider in connection with the use of the Services or the obtaining of the Services and products from the Provider.
Interpretation of the General Terms and Conditions in Case of Contradictions and Loopholes
Should these Terms and Conditions contain contradictions or loopholes, the Parties shall determine, on the basis of the purpose, reason and spirit and on the principle of good faith and that of the mutual interests of the Parties, which regulation appears to be appropriate. If amendments are made to these General Terms and Conditions that result in contradictions arising, the later version shall take precedence over the earlier. Should one of these provisions be or become invalid, this shall have no effect on the validity of the remaining provisions.
Applicable law and place of jurisdiction
These Terms and Conditions are subject to Swiss law with the exclusion of the conflict-of-law rules of private international law. The sole place of jurisdiction is Zürich.
MEDPOR® is a registered trademark of Porex Surgical Inc.
Radiolase® is a registered brand of ellman International Inc.
Restylane® is a registered brand of Q-Med