Terms and Conditions Expert by ERS
1. Scope of these GTC
The General Terms and Conditions (“GTC”) of Expert by ERS apply to the website
1. emergencyradiology.ch
2. meinbefund.ch
3. radailogy.com
and its subdomains (together “Expert by ERS Website”) and all services provided by Emergency Radiology Schueller. Emergency Radiology Schueller, a sole proprietorship with headquarters in CH-6340 Baar, Blegistrasse 3, commercial registration CH-020.1.068.519-2, registered in the Commercial Register Office Canton Zug, is the owner of the trademark Expert by ERS, and any reference in the following to Expert by ERS shall have the meaning of Emergency Radiology Schueller.
While we gather and use your personal data we respect your privacy. You can find further information regarding the use of your personal data in ourPrivacy Policy.
2. Purchase of Services from Expert by ERS
2.1 General
On the Website, we will inform you about various services (“Expert by ERS Services”), we provide.
If you wish to request Expert by ERS Services you need to open a user account on the Expert by ERS Website (“User Account”) and thereby enter your name, last name, e-mail address, gender, date of birth, company name and country of registration and a document proofing your medical qualification. In addition, you will be asked to create a password and accept the Terms and the Privacy Policy. The registration is completed only if you activate the registration by clicking on the link sent to you to your e-mail address. It is in our sole discretion to reject any user without giving reason.
If you would like to acquire Expert by ERS Services, you can simply log in to your User Account and choose the Expert by ERS Services you are interested in. After that you can upload the document to be analyzed (“Document”).
The content of the Website does not constitute an offer and shall instead solely constitute an invitation to you to make an offer. Clicking the place order button in the final step of checking out represents your offer to purchase the selected Expert by ERS Services (service request). We will confirm your purchase of the Expert by ERS Services with an email (purchase confirmation). Such purchase confirmation will be sent to you by e-mail no later than 2 hours after we have received your service request. During such time you are legally bound by your offer. We may deny your service request for any reason.
2.2. Expert by ERS Services
Full details of what is included in your selected Expert by ERS Services are shown on the Expert by ERS Website.
2.3. Prices and Payment Terms
Full details of what is included in the price of your Expert by ERS Services are shown on our Website.
While we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the Expert by ERS Services you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order.
Our invoices are due immediately upon receipt.
2.4 Performance of Expert by ERS Services
The services of Expert by ERS are in general available 365 days a year.
Even though we shall make best efforts to give you the finding of our Expert by ERS Services within 48 hours, we can’t guarantee you to be able to meet this deadline at all times.
3 Obligations of Customer
You as a Customer are responsible for pseudonymization of the uploaded Document.
You as a Customer are responsible that the forwarding of Patient data complies with the applicable data protection or any other applicable law. Whenever required by the applicable law, Customer is responsible for obtaining consent of the Patient. This responsibility lies solely with the Customer. Customer guarantees that the forwarding to Expert by ERS and processing by Expert by ERS of the Patient data of the Document is permitted by the applicable law.
If you are accessing and/or using the Website or the Expert by ERS Services on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your company to these Terms and everywhere these Terms refer to you, it shall also include your company.
In the event a Patient or any third party makes or institutes any claim, action, or proceeding against Expert by ERS, which arises from the Expert by ERS Services and is based on the allegation that the forwarding and processing of the Patient data does not comply with the applicable data protection law or any other applicable law, Customer shall:
• at its own expense, defend Expert by ERS against the claim, action or proceeding;
• indemnify and hold harmless Expert by ERS for any amount finally awarded against or imposed upon Expert by ERS (or otherwise agreed in settlement) under the claim, action or proceeding; and
• reimburse claim, action or proceeding for any out-of-pocket legal expenses (including reasonable attorney’s fees) that Expert by ERS reasonably incurred under the claim, action or proceeding prior to Customer notifying Expert by ERS that Customer will be assuming defense of the claim, action or proceeding, or otherwise actually assuming such defense, whichever occurs earlier.
4 Permitted Use of the Expert by ERS Website
The content and software on the Expert by ERS Website are the property of us and is protected by Swiss and international copyright laws. You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Expert by ERS Website for any purpose other than to review Expert by ERS Services and information.
5 Limitation of Liability
For damages caused by acts of intent and gross negligence Expert by ERS shall be liable without limitation. Any other liability is excluded.
We shall make reasonable effort to ensure that the content available on the Website is complete, up to date and accurate. However, we do neither warrant the availability nor the completeness, accuracy or correctness of the content on the Website and may not be held liable for any damage and expenses attributable to such deficiencies. You hereby acknowledge that we disclaim any express or implied guarantee for the content of any linked third party website and that we may not be held liable for any damage and expenses resulting from the content of any linked third party website.
Owing to the technical particularities of the internet, we disclaim any express or implied guarantee with regard to the error-free or seamless availability of our Services via the internet.
6 Violation of the Terms
You understand and agree that in our sole discretion, we may terminate your access to the Expert by ERS Website, cancel your Expert by ERS Services or exercise any other remedy available.
7 General
The Expert by ERS Website is controlled and operated by us from our offices in Switzerland. For any complaints regarding the Website or Expert by ERS Services, please contact us here. If there is any dispute about or involving the Website and the Expert by ERS Services offered to you, you agree that the dispute will be governed and construed by Swiss law.
In the event of a dispute arising out of or relating to these GTC, or your use of or access to this Expert by ERS Website or any Expert by ERS Services, litigation must be brought in court in Zug, Switzerland without regard to its conflict of law provisions.
In case these GTC are available in different languages. In case of any inconsistencies between the different language versions, the English version shall prevail. The English version is available on our Expert by ERS Website or shall be sent to you upon your written request.
Expert by ERS reserves the right to change or amend these GTC at any time without giving reasons. The most current GTC will be displayed on the Expert by ERS Website. In case of substantial changes or additions to the GTC, Customers will be informed immediately on the internet portal expert.emergencyradiology.ch about the new amended passages of the GTC. If the changed GTC are not contradicted within two weeks after receipt, they are considered accepted.
If any provision of these GTC is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.