Last updated: November 2023
1.1 We are Care Preventive AG ("we", "us", "CARE"), Neuwiesenstrasse 15, 8400 Winterthur. If you have any questions or other concerns, the best way to reach us is at [email protected].
1.2 Our offer includes medical, as well as various non-medical services (together the "Services") in the field of preventive treatment. The results of your analyses and suggestions on how to improve your health can be found in our mobile app (the "CARE App").
1.3 We generally offer our benefits through annual plans ("CARE Plan" or "CARE Plans") and you decide on the choice of plan, the number of blood tests & health checks and the scope of the Services. We also offer additional Services not included in the plans, such as iron, vitamin B12 or vitamin D3 infusions("Additional Services").
1.4 Through the CARE Community, activities such as yoga nidra, sleep workshop, running, etc. are offered ("Community Events") in which our members can participate. Community Events are part of the Services, are offered by us or by third parties, and are included in your CARE Plan, except when indicated as Additional Services.
2.1 These Terms of Treatment and Use of CARE ("CARE Terms", "Terms") govern the legal relationship between you and us, for example, when you sign up for an appointment or use our Services (you and we are hereinafter collectively referred to as the "Parties" and each individually as a "Party"). If you book an appointment or use our Services, you unconditionally agree to the CARE Terms.
3.1 Our Services are aimed at private individuals and are available to persons who are at least 18 years old and capable of judgment.
3.2 The written consent of a legal representative is required for persons under 18 years of age or persons incapable of judgment. We recommend that a legal representative is present at all appointments.
3.3 Of course, our Services can only be directed at persons who are suitable for them. Therefore, it is a mandatory requirement for all Services that there are no contraindications (see in particular the patient information and community Events waiver). In addition, we reserve the right to reject persons for other reasons.
3.4. By agreeing to these CARE Terms, you confirm that these requirements are met.
4.1 First, you book your desired appointment for your initial consultation with us, preferably via our website or the CARE app. If our capacities allow it, you are also welcome to come to one of our locations without a reservation and take advantage of the initial consultation ("walk-in").
4.2 During the initial consultation, we discuss whether and which of our Services are suitable and useful for you. The basis of this initial consultation is, in particular, a medical form with which we collect information about your person, your general health and lifestyle, any medications, etc.
4.3 You can then choose a CARE Plan and/or other Services if you wish. The scope and prices of our Services are indicative on our website, and we may offer new Services and change or discontinue existing ones at any time.
4.4 The contract for the CARE Plan and/or other Services is formed when we accept your booking, whether by confirming your booking in writing via email, CARE App, or other form of text, or by processing your partial or full payment. The booking of the Service is based on the offer attached to the confirmation of your booking.
5.1 For the duration of your CARE Plan (see section 8), you can receive the benefits included in the plan. Included in your CARE Plan are:
5.2 If you would like to receive additional services that are not included in your CARE Plan, you can book them for a fee or upgrade your CARE Plan accordingly. The duration and scope of these depend on the offer you receive when you confirm your booking.
5.3 The services in your CARE Plan may change and there is no entitlement to the continuation of individual offers included in your CARE Plan. However, we will endeavor to offer an equivalent package in the event of changes.
5.4 Benefits not purchased expire without replacement or compensation at the end of the current term of your CARE Plan, and separately booked additional benefits expire no later than 12 months after booking.
6.1.1 Our Services are generally subject to a charge, unless a Service is explicitly stated to be free of charge.
6.2.2 The applicable prices are announced to you before booking the Services and shown in your booking confirmation.
6.2.3 Until we confirm your booking via email, CARE App, or other form of text, or by processing your partial or full payment, the prices announced (e.g. verbally, in brochures or on the website) are indicative and do not constitute an offer.
6.2.1 As a rule, Services that are subject to a charge are to be paid in full immediately after conclusion of the contract. Alternatively, we offer a partial payment option or installment payments ("subscription") if conditions are met. We will be happy to inform you about the payment options at one of our locations or when you contact us via email or social media.
6.2.1 In the event of full or partial non-payment, we reserve the right not to provide our Services and to discontinue them.
6.2.3 You agree to pay in full any fees or other transaction costs that may be incurred during the transfer of your payment.
6.2.4 Payments must be made in Swiss francs (CHF), unless we offer payment in another currency.
7.1.1 Please note that when we have scheduled appointments with you, we reserve that time exclusively for you. We understand that there may be times when an unforeseen event occurs and you are unable to make one of your appointments on time or at all. If such circumstances occur, we ask that you contact us immediately.
7.1.2 You can postpone or cancel an appointment with us at least 48 hours in advance. In case of a later postponement or cancellation, we reserve the right to charge a reasonable fee.
7.1.3 It can happen that we have to postpone an appointment (e.g. because our staff is absent due to illness). In this case, we will arrange a replacement appointment with you. We may postpone your appointment at any time and as often as necessary without compensation.
7.2.1 If you arrive late for an appointment, you are only entitled to our Services during the agreed time.
7.2.2 If, due to your delay, the agreed consultation, analysis or treatment is no longer feasible, or if you do not show up for an appointment at all, an alternative appointment will be arranged.
7.2.3 If your delay causes additional costs (e.g. because an additional appointment or overtime by our staff is necessary), you agree to pay these costs. In case of no-show we reserve the right to charge a reasonable fee of at least CHF 200.00.
8.1 The CARE plans are generally offered for a period of at least 12 months. Services can also be agreed for a longer period. Unless otherwise specified in your booking confirmation, your CARE Plan commences upon confirmation of your booking, whether by written confirmation of your booking via email, CARE App, or other form of text, or processing of your partial or full payment.
8.2 Subject to the provisions of this Clause 8, your CARE Plan will be automatically renewed for the same contract period.
8.3 The CARE plans can be terminated in writing by e-mail at the end of the contract term, subject to a notice period of 1 month.
8.4 Early termination is not possible, as we have organized and booked the services included in the plan "on demand" for the entire duration. Therefore, we cannot refund any payments you have made, either in full or in part.
8.5 You agree that we may periodically submit offers to you for an extension or upgrade of your CARE Plan.
8.6 In the event of a renewal of your CARE Plan, the CARE Terms and Conditions as in force at the time of renewal will apply in full.
8.7 We are entitled to terminate your CARE Plan if:
8.8 In the case of (a), the costs incurred up to termination are owed. In the cases of (b) and (c), the full fee is owed.
9.1 You commit:
to act in good faith and in particular to provide truthful information about your person, health and physical condition;
to notify us immediately of any changes in the information provided about your person, health and physical condition;
to provide us with your correct contact information;
to be solvent when ordering our Services;
to notify us immediately of any inability to pay that occurs during treatment;
to follow our instructions when using our Services;
to provide us only with information and documents to which you are entitled and which may be shared with us;
to carefully read the patient information, community Events waiver, and other information made available to you about our Services each time before using the Services, and to contact us if you have any questions.
9.2 In the event of a breach of these obligations, we are entitled to refuse our Services. You agree to bear the costs incurred by us as a result.
10.1 We draw your attention to the fact that we cannot guarantee the success of our treatments, as each person responds differently to them.
10.2 If the treatment does not produce the desired result and you are not satisfied, we ask you to contact us so that we can review your concerns.
10.3 There are no claims such as warranty rights (rectification, reduction or similar) if a treatment does not lead to the desired result or does not correspond to what you hoped from it.
11.1 The patient information provides information on how our analyses and treatments work and what risks and side effects can occur. Furthermore, the patient information provides you with information about our non-medical Services in the area of "Health Coaching". Please read the patient information carefully and ask us any questions you may have.
11.2 Our community events waiver ("Waiver") provides you with information about the Community Events and how to prepare for them. Please read the Waiver carefully and ask us any questions you may have.
11.3 By accepting these CARE Terms, you agree that you have read, understand, and unconditionally agree to the patient information and the Waiver.
12.1 You assure us that you have familiarized yourself with the risks and side effects of our Services and that you accept them.
12.2 You agree to fully indemnify us and not to make any claims should any risks or side effects occur and cause any harm. This is especially true if you do not follow the doctor's instructions before, during or after an analysis or treatment.
12.3 To the extent permitted by law, liability for ordinary negligence is excluded.
12.4 You agree that some Services are provided by third parties and not by CARE ("Third Party Services"). CARE is not responsible for and you agree to fully indemnify CARE with respect to such Third Party Services.
14.1.1 The CARE Terms form the basis for the rights and obligations in connection with the Services we provide.
14.1.2 Our Services require your acknowledgement of and agreement to consent forms, the patient information, the Waiver, and other information and documents that we submit to you in connection with the provision of our Services, which then form part of the contract with us in their then current version.
14.2.1 We may change these CARE Terms at any time. We will inform you about the change in an appropriate manner. Without your written (e.g. e-mail) objection within one month after we have informed you, the changes are considered approved.
14.2.2 The currently valid version of these CARE Terms at any given time can be viewed on our website.
If one Party fails to perform one part of the contract and the other Party does not insist on proper performance, it does not thereby waive the right to performance of other parts of the contract.
If one or more provisions of these Terms are invalid or ineffective, the remaining provisions shall remain unaffected. The Parties shall replace the invalid or ineffective provisions with such provisions that are valid and effective and best reflect the original intention of the Parties and, if possible, lead to the same economic result.
14.5.1 Swiss law shall apply to all claims of the Parties in connection with the Services provided by us (without application of international treaties or conflict of laws rules that would lead to the application of another law).
14.5.2 The Parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.
1.3 The CARE App is provided as part of your CARE Plan. The CARE App shows you your current values from the blood tests & health checks, the reports from your CARE doctor and health coach, as well as any treatment options and/or lifestyle optimizations.
2.2 Any open source software or third party software integrated into the CARE App shall be made available in accordance with the open source or third party license.
3.1.1 The CARE App, including all related products (e.g., product designs, logos, trademarks, written products, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) and all related proprietary and intellectual property rights are owned by or licensed to us.
3.1.3 Any enhancement, development, modification or alteration of any kind of the CARE App, including any related products (e.g., product designs, logos, trademarks, written products, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) created, produced, edited, conceived or put into practice by us alone or jointly with Users or third parties during the term of our agreement, and all related proprietary and intellectual property rights worldwide, are our sole and exclusive property, without compensation to any contributing User or third party.
3.2.1 The rights to content that you transmit to us as part of the use of the CARE App remain the intellectual property of the respective beneficiary. As long as you use the CARE App, you grant us a limited right to use such content if and to the extent necessary for the provision and further development of the CARE App or the provision of our Services.
3.2.2 You represent and warrant that your own content or third party content you use does not violate any applicable laws or intellectual property or other proprietary rights of any third party. We are not liable for such content. You are solely responsible for such content and shall fully indemnify us in respect thereof.
4.1 You commit:
not to take any action that is likely to infringe our intellectual property rights or expose us to any liability or sanction;
not to change or remove any markings or copyright notices on the CARE App under any circumstances;
not to tamper with the CARE App or the underlying infrastructure;
not to use the CARE App for illegal, unfair or objectionable purposes;
not to spread viruses, Trojan horses or other malicious code via the CARE App;
not to scrape the CARE App by means of automated scripts/queries; and
not to circumvent or attempt to circumvent any technical restrictions or limitations of the CARE App.
4.2 As a User of the CARE app, you are responsible for maintaining the confidentiality of your login information. You explicitly undertake not to disclose the login information to any other person. The login information may only be used by the person to whom it is assigned. We reserve the right, at our sole discretion, to suspend access to the CARE App, in whole or in part, if we suspect misuse of the login information.
5.1 We strive to ensure the most uninterrupted availability and error-free functionality of the CARE App possible, but we cannot guarantee this. We provide the CARE App "as is" and "as available". Any warranty claims are expressly excluded to the extent permitted by law.
5.2 Our liability for any kind of damages, including but not limited to direct or indirect damages, incidental or consequential damages, pecuniary losses, third party compensation claims, lost profits, reduction of goodwill, loss of revenue or loss of data, in connection with the use of the CARE App is excluded to the extent permitted by law.
To ensure that the CARE App is effective and up to date, we reserve the right to modify, discontinue, or replace it with a successor product, temporarily or permanently, at any time with or without notice.
If one Party fails to perform one part of the contract and the other pParty does not insist on proper performance, it does not thereby waive the right to performance of other parts of the contract.
8.4.1 Swiss law shall apply to all claims of the Parties in connection with the Services provided by us (without application of conflict of laws, which would lead to the application of a different law, or international treaties).
8.4.2. The Parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.