General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF USE
of the website abilis.ch and the mobile app Abilis

1.    Field of application and declaration of acceptance

The website abilis.ch and the mobile app Abilis are operated and managed by Ofac cooperative society, Rue Pedro Meylan 7, 1208 Geneva, and the present General Conditions of Use determine the access and use of the internet site abilis.ch and the mobile app Abilis.
By consulting the website abilis.ch or the mobile app Abilis, you accept to be bound by the present General conditions of use and you agree to the uphold them. If you do not accept these General conditions of use, please renounce access to other pages of the website abilis.ch or the mobile app Abilis.
The current General conditions of use, as well as the information and documents contained on the website abilis.ch or on the mobile app Abilis, may be modified at any time and without prior notice.

2.     Access and availability

The user has no right of access to the website abilis.ch and the mobile app Abilis and Ofac does not guarantee uninterrupted availability of this website and this mobile app. Access to the website abilis.ch or the mobile app abilis may be interrupted, for example, in cases of site maintenance or site improvement.
Ofac may block or restrict access to the website abilis.ch or the mobile app Abilis at any moment and without prior information.

3.    Site contents

The website abilis.ch and the mobile app Abilis contain features/applications which are operated by Ofac and other feature/applications which are operated by third parties. Ofac provides no warranty of any nature, express or implied, as to the accuracy, currentness or completeness of the information contained on the website abilis.ch or the mobile app Abilis, particularly information covering medical questions, and rejects all responsibility for the damages caused to the user by the use of this information. The information and documents published on the website abilis.ch and the mobile app Abilis are therefore transmitted “as is”.
Additionally, the information contained on the website abilis.ch and the mobile app Abilis are neither a recommendation, nor a proposition or a firm offer for the user.

4.    Absence of accountability

In the limits authorised by the law, Ofac, its administrators, its employees or contractual partners, will, in no case, be accountable to anyone suffering direct or indirect loss, expenses, costs or damages of any nature, contractual or tortious, which includes negligence, resulting form the use of the pages of the website abilis.ch or the mobile app Abilis.
Ofac also does not guarantee that the website abilis.ch and the mobile app Abilis are free of viruses or other harmful elements (Trojan horses, malicious code etc.) and accepts no responsibility for any possible damages suffered by the user or a third party.
The attention of the user is explicitly drawn to the fact that the medical information on the website abilis.ch and the mobile app Abilis do not aim to provide complete medical information and in no case replaces a personal consultation, an examination and/or treatment by a physician, by a pharmacist or by qualified medical personnel.

5.    Prohibited activity

By communicating contents on or through the website abilis.ch or the mobile app Abilis, the user undertakes to respect all applicable legal provisions and not affect the rights of third parties and/or divert and/or access personal data or sensitive data of the users.
The author expressly undertakes to not communicate on or through the website abilis.ch or the mobile app Abilis ideas or contents that:

  1. are insulting, defamatory, slanderous or any other way affecting the honour or reputation of third parties;
  2. are racist, xenophobic, revisionist or negationist;
  3. are obscene, pornographic, paedophilia, offensive or any other nature contrary to morals;
  4. injure in any way third party rights, particularly the right to privacy, right to images, right to a name, right to human or animal dignity, to protection of children and adolescents, or protection of animals;
  5. injury third party intellectual property rights, particularly trade mark rights, copyrights (images, texts, photographs);
  6. incite discrimination, hatred, violence, or commission of a crime or an offence;
  7. is characterised as promotional , or as propaganda, extremism or proselytism;
  8. is in any way false, potentially dangerous or susceptible to endanger life, health or the safety of third parties;
  9. in any way contradicts the laws and regulations currently in force;

the user undertakes not to communicate on or through the website abilis.ch or the mobile app Abilis messages containing viruses or any other program likely to cause damages to the website abilis.ch or the mobile app Abilis, the users or third parties.

6.    Intellectual property rights

Ofac retains all rights on the website abilis.ch and the mobile app Abilis. This includes copyrights, trademarks, patents and all other intellectual property or all other right on information and contents, particularly including all texts, illustrations, software, graphics and logos. All reproduction, diffusion or disclosure is subject to prior written authorisation by Ofac.

7.    Personal data

The collection, processing and use of user’s personal data is governed by the Privacy policy and protection of data from the website abilis.ch and the mobile app Abilis also accessible on the website abilis.ch and the mobile app Abilis, and which form an integral part of the present General conditions of use.

8.    Links

The website abilis.ch and the mobile app Abilis may contain links to other websites or mobile apps operated and managed by third parties. The fact that links are included to third party websites or mobile apps does not imply that Ofac takes responsibility for the contents of such sites or mobile apps. Ofac does not control and does not verify all the websites linked to the website abilis.ch or the mobile app Abilis and cannot in any way be held accountable for the contents or correctness of every external page or any other website linked to the website abilis.ch or the mobile app Abilis. Following a link to a third party website or a mobile app is done by the user under their own responsibility.

9.    Applicable law and jurisdiction

All legal relations between the user of the website abilis.ch or the mobile app Abilis and Ofac are subject to Swiss law and exclusive jurisdiction given to Geneva.

Geneva, September 2019.