Terms and conditions of use
Last revised: January 2019
The following terms and conditions of use explain the functions and legal conditions for the intended use of the docare.ch website and application. The website and application are provided by MSD Merck Sharp & Dohme AG, Werftestrasse 4, 6005 Lucerne, Switzerland (“MSD”).
MSD operates a website under the docare.ch internet address (“the docare.ch website”) on which it provides information about the docare.ch application, answers questions related to the docare.ch application and gives healthcare professionals the opportunity to register for the docare.ch application.
The docare.ch application (“the docare.ch application”) is a web-based platform that assists with patient admission to the doctor’s surgery and facilitates the medical history discussion between the patient and the treating healthcare professional. After receiving an invitation via SMS, the patient uses an online form to register with the doctor’s surgery and answers standardised questions on their current medical history before the doctor’s appointment.
The docare.ch application is not an emergency system and is therefore not suitable for acute health problems or for patients requiring immediate medical attention. We explicitly point out that in life threatening situations, in emergencies as well as in case of short-term acute or severe symptoms, regional emergency care should be immediately alerted.
MSD lets you access to the docare.ch application free of charge. It is only intended for your personal use and must not be transferred to third parties. An Internet connection may be necessary for some of this app’s functions. You bear the resulting costs of this access.
Acceptance of these terms and conditions of use
To be able to use the docare.ch application, you need to expressly acknowledge these terms and conditions of use. If you are a healthcare professional, you are prompted to accept these terms and conditions of use when registering online. By clicking the box, you accept these terms and conditions of use in accordance with the following provisions. If you are a patient, the treating healthcare professional will ask for your consent.
Acceptance of the Covercard®System terms and conditions of use by the healthcare professional
The healthcare professional also needs to consent to the Covercard®System terms and conditions of use (www.covercard.ch), which can be accessed at http://www.covercard.ch/de/CovercardSystem_conditions_generales_DE.pdf. During online registration, the healthcare professional is asked to consent to the Covercard®System terms and conditions of use.
Monitoring by the healthcare professional
MSD provides the docare.ch application without monitoring patients' data entries for emergencies. The healthcare professional commits to constantly monitor the messages and entries of patients on the docare.ch application and to do everything necessary to be immediately informed and respond to incoming messages and entries from patients.
These terms and conditions of use apply for the docare.ch application and the docare.ch website. As a healthcare professional, you are obliged to exclusively provide your services in Switzerland.
Authentication is required to access the docare.ch application. Healthcare professionals are authenticated on the Internet in accordance with the latest technical standards. As a patient, you receive a message on your smartphone or tablet from the healthcare professional, to which you can respond.
You must keep your authentication features private, protect them against unauthorised access and safeguard your access to the docare.ch application. MSD will never ask you to provide your authentication features by email or phone. MSD itself is not aware of your authentication features and has no access to these features. MSD cooperates with enforcement authorities and court orders, which require MSD to communicate the identity of a person who may have been involved in criminal activities in connection with the docare.ch application. You are obliged to immediately inform MSD if there are any indications that an account is being misused by third parties.
The docare.ch application gives patients the option to use an OCR service for the health insurance card to facilitate the entry of the data in addition to manual input. This allows the health insurance card to be photographed using a mobile phone camera, after which our docare.ch application server retrieves the data using the services of Covercard®System (www.covercard.ch) and displays these in a prepopulated form. The patient can check the information and correct or supplement it as necessary. The use of the OCR service to facilitate the data input is always voluntary.
Availability of the docare.ch website, the docare.ch application and Support
We cannot guarantee that the docare.ch website, the docare.ch application and the associated data will always be free of faults and errors. We can also not guarantee that the docare.ch website or the docare.ch application will always be available.
Availability of the data and retention period
We cannot guarantee that the data will always be and remain available via the docare.ch website or the docare.ch application. The healthcare professional is responsible for exporting the data that they need to their own system.
The data are erased when this is requested by you, but no later than upon the expiration of the statutory retention periods.
As a healthcare professional, you require Internet access with a current browser version to use the docare.ch website and the docare.ch application. As a patient, you need an internet-capable smartphone with a current browser version.
Accuracy of your information
As a user of the docare.ch website or our docare.ch application, you are liable for the accuracy of the information that you transmit via the docare.ch website and the docare.ch application.
Consent for data processing
When registering to use the docare.ch application you are asked for your consent to process your personal data. By clicking the box or giving your consent to the healthcare professional, you expressly consent to the data processing pursuant to the privacy statement. The healthcare professional must obtain the patient’s express consent before they use the docare.ch application in connection with this patient. By using the docare.ch website, you consent to the processing of the personal data that you have entered.
Intellectual property and other rights
MSD is the owner and provider of the docare.ch website and the docare.ch application. All trademarks, names, titles, logos, pictures, designs, texts, copyrights (incl. software), know-how, procedures and other materials used on and in the docare.ch website and the docare.ch application are the property of MSD, an affiliated company or a contract partner of the same. You exclusively receive the right to use the docare.ch website and our docare.ch application for private purposes and for the purpose of providing your medical services. The (complete or partial) reproduction, linking or use of the docare.ch website or our docare.ch application and the information contained therein for other purposes is prohibited without the prior consent of MSD.
MSD does not provide any guarantee relating to the integrity, completeness or reliability of the docare.ch website and the docare.ch application, nor that the data contained on the docare.ch website or the docare.ch application are correct or do not infringe upon third-party rights. In particular, MSD does not provide any guarantee that no data losses will occur and that data can always be transmitted. Inadvertently incorrect information, misprints and technical inaccuracies can also not be ruled out. MSD also accepts no responsibility and liability for damage to your computer or your equipment (e.g. by viruses) resulting from your access or the use of the docare.ch website or our docare.ch application.
Any liability of MSD is excluded to the extent permitted by law.
Links to other websites
The docare.ch website and the docare.ch application may contain links to other websites. MSD accepts no liability for the content of linked third-party websites. These kinds of websites are subject to their own terms and conditions of use, which are stated and can be accessed on the relevant websites.
You must not disclose any information of which you become aware in connection with the use of the docare.ch website or the docare.ch application, especially trade and company secrets, data and other know-how (“confidential information”). You may not disclose this confidential information to third parties without prior written consent. Confidential information may also be protected by professional and medical secrecy.
You are entitled to terminate the use of the docare.ch application at any time; MSD is entitled to suspend the operation of the docare.ch website at any time and to terminate the use of the docare.ch application at the end of a calendar month with a notice period of 30 days.
Breach of these terms and conditions of use or third party rights; indemnification
MSD is entitled to take legal action in the event that you breach these terms and conditions of use. In particular, MSD reserves the right to block or erase your access to the docare.ch website or the docare.ch application. Moreover, MSD reserves the right to erase your data, if these breach any existing laws or infringe upon the rights of third parties. If your breach or infringement of third-party rights causes a loss for third parties, you are obliged to fully indemnify MSD, especially from any financial losses, property damage and costs as well as any legal claims and actions.
Applicable law and legal domicile
These terms and conditions of use and your use of the docare.ch website and our docare.ch application are subject to Swiss law to the exclusion of the conflict of laws provisions. The exclusive legal domicile is MSD’s headquarters.