Terms and Conditions

Terms of Use

  1. Purpose

These Terms of Use constitute a legally binding agreement between you (User; you) and CheckUrMed SA (CheckUrMed; we) regarding your access to and use of the “CheckUrMed” mobile web and native app (“Mobile App”) and related services. By clicking to accept these Terms of Use or by using the Mobile App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Mobile App. We do not accept conflicting conditions of the customer. This also applies if we do not expressly contradict the inclusion.

  1. Services
    • CheckUrMed makes the Mobile App available for download on certain app stores.
    • Access and use of the Mobile App require User’s prior acceptance of these Terms of Use (Section 1). A registration is not required.
    • On the Mobile App, the User may verify the authenticity of their medication. Our website “checkurmed.com” (Website) contains information that further describes the features of the Mobile App and the scope of services made available to Users through the Mobile App (Services).
    • The User agrees that CheckUrMed may add new Services, modify or replace existing Services or withdraw the Mobile App (or any part thereof) at any time. Modifications of Mobile App or individual Services will be deployed by way of an update and will replace previous versions of Mobile App or Services.
    • CheckUrMed may engage subcontractors such as hosting providers or other third parties to provide the Mobile App or any Service. CheckUrMed shall be responsible for their performance, subject to these Terms of Use.
  2. Your Right of Use
    • CheckUrMed grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Mobile App for the User’s own personal use in accordance with the purposes and intended use of the Mobile App, and strictly in compliance with these Terms of Use (Right of Use).
    • Your Right of Use is granted subject to your compliance with the Use Restrictions set out in Section 4 and with the Responsibilities User set out in Section 5.
  3. Use Restrictions
    • In order to use the Mobile App and the Services you must be at least 13 years old.
    • Copyright and other intellectual property laws protect the Mobile App. CheckUrMed reserves all rights not expressly granted under these Terms of Use. Nothing in these Terms of Use shall be construed to impair, preclude or prohibit CheckUrMed from continuing to develop, use or commercialize the Mobile App.
    • You shall not, and shall not permit any third parties to rent, lease, lend, resell, or transfer the Mobile App or any part thereof; modify or create derivative works based on the Mobile App; disassemble, decompile or reverse engineer the Mobile App; or work around technical limitations of the Mobile App or security measures incorporated therein; except (in each case) to the extent applicable law permits you do so.
    • CheckUrMed may suspend or limit your access to and use of the Mobile App during any breach of the use restrictions set out in Sections 1 through 4.3 (Use Restrictions). Further, CheckUrMed reserves the right to revoke your Right of Use in the event of your continued breach of the Use Restrictions.
  4. Responsibilities User

When using the Mobile App or any Service, you will be responsible for everything done on the Mobile App through your device unless you have immediately told us that it has been misused by someone else. If you become aware of or suspect any breach of security of any portion of the Services, please notify us immediately at support@checkurmed.com.

  1. Indemnification by User

You agree to diligently defend, and to hold harmless and indemnify CheckUrMed, and it directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives from and against any and all liability, claims, lawsuits, losses, demands, damages, costs and expenses, including without limitation attorney’s fees and costs (Losses), arising directly or indirectly from any breach of your obligations arising from these Terms of Use, including but not limited to Section 4 (Use Restrictions) and Section 5 (Responsibilities User).

  1. Limited Warranty
    • The Services and Mobile App are provided “as is”, with no express or implied warranty for accuracy or availability.
    • As no registration is necessary to use the Mobile App, your data and scan history are stored on the device or linked to it. Consequently, if you delete the Mobile App or change your device, you will not be able to restore such data.
    • TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHECKURMED MAKES NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE MOBILE APP. CHECKURMED DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
    • SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. IF YOUR COUNTRY REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE EITHER THE SHORTER OF 30 DAYS FROM YOUR FIRST USE OF THE PLATFORM OR THE SHORTEST PERIOD REQUIRED BY LAW.
    • In the event of a breach of the warranty pursuant to Section 7 or in the event of some functionality problems, the User’s sole remedy shall be to request, by contacting the helpdesk made available by CheckUrMed, that CheckUrMed remove the failure identified and documented by the User. The User may contact the helpdesk at support@checkurmed.com. In order to remove the failure, CheckUrMed may correct or replace the part of the Mobile App (or Service) that causes the failure or replace the current version of the Mobile App (or any Service) with a new version.
    • CheckUrMed warrants that it has the right to grant the Right of Use granted in these Terms of Use, and that the User shall have the right to access and use the Mobile App in accordance with these Terms of Use. In the event of a breach of this warranty, CheckUrMed’s sole obligation shall be, at our own choice, (i) to procure additional rights to grant the Right of Use to you, or (ii) to replace or modify the part of the Mobile App that causes the breach. If neither of the foregoing is a suitable and commercially reasonable means to allow you to continue to access and use the Mobile App, CheckUrMed may withdraw the Mobile App immediately.
    • The preceding warranties are the exclusive warranties that CheckUrMed provides in relation to the Mobile App; they expire upon expiry of the Term for any reason.
  2. Limitation of Liability
    • CheckUrMed’s liability for any damages, whether derived from torts or breaches of contract (Damages) in connection with the User’s access and use of Mobile App and Services shall be limited to the amount of CHF 10.00 (or equivalent) per calendar year. The foregoing limitation shall not apply to Damages caused by willful misconduct or gross negligence.
    • To the maximum extent permitted by law, CheckUrMed shall not be liable, in any event, to the User for any consequential or indirect damages, including without limitation lost profits, loss of use, cost of procurement of substitute goods or services or for any indirect, or punitive or other non-compensatory damages.
    • Solely the User is responsible for taking and uploading a photo that follows the required minimal standards. CheckUrMed cannot influence the taking of the photo. CheckUrMed will not be liable for false positive or negative analysis results.
  3. Term and Termination
    • These Terms of Use shall be effective as of the date you click to accept the Terms and Conditions or start using the Mobile App, and shall remain in force and effect while you use the Mobile App or until you delete the Mobile App from your device or until CheckUrMed revokes your Right of Use or withdraws the Mobile App in accordance with these Terms of Use (Term).
    • Upon expiry of the Term for any reason, the Rights of Use granted under these Terms of Use expire, and you shall cease accessing or using the Mobile App or any Services.
  4. Miscellaneous Terms
    • If the User is a consumer under applicable mandatory law (e.g. European Union consumer law), the User shall benefit from any mandatory provisions of the law of the country in which the User is a resident in.
    • The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. CheckUrMed does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
    • CheckUrMed may change these Terms of Use at any time and will notify the User if it does. Your continued use of the Mobile App means that you agree to the changes.
    • These Terms shall be exclusively governed by and construed in accordance with the laws of Switzerland. Its conflicts of law rules and the provisions of the U.N. Convention on Contracts for the International Sale of Goods (CISG) shall not apply. For the avoidance of doubt, the choice of Swiss law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
    • All disputes arising out of or in connection with these Terms of Use shall be resolved exclusively by the ordinary courts in Nyon (VD), Switzerland, without prejudice to CheckUrMed’s right to bring such dispute before a court, which would otherwise have jurisdiction absent this provision. Except for a User residing in a jurisdiction (e.g. the EU or European Economic Area) who may bring claims in their country of residence in accordance with applicable consumer laws.
    • CheckUrMed’s failure to exercise, or delay in exercising any right, power or remedy in connection with these Terms of Use shall not in any way constitute a waiver thereof. Any express waiver of any breach of these Terms of Use shall not be deemed a waiver of any subsequent breach.
    • If one or more provisions of these Terms of Use should be or become invalid or unenforceable, or should an unintended gap become evident in the implementation thereof, this shall not affect the validity of the remaining provisions. CheckUrMed and the User will replace the invalid or unenforceable provision or, respectively, fill the unintended gap with a legally valid and enforceable provision matching the economic purpose of the original provision as closely as possible.

 

Version: 01-14th November 2024.

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