Terms of use
The platform from which you are accessing these Terms of Use (“Platform”) is created and maintained by Medical Connection Society LLC, a limited liability company incorporated under the Laws of Switzerland, seated in Payerne, Switzerland (referred to below as “we”, “our” and “us”).
1. Consent
1.1 By accessing and using this Platform, you agree to these Terms of Use and to any additional rules that we may post on our Platform. If you do not agree to our Terms of Use, please do not use our Platform.
1.2 We reserve the right to make changes to these Terms of Use and to modify, change or discontinue any part or all of the Platform and/or the related services at any time. We will notify you of any changes to these Terms of Use when You visit the Platform, or via email, or by providing You with information on such update and updating the Terms of Use which can be viewed via the Terms of Use link. Our Terms of Use are located on our homepage at <https://www.connectingmed.com>.
2. Intended use of the Platform (Services)
2.1 The Platform is primarily meant to operate as a marketplace enabling medical institutions (such as hospitals, medico-welfare institutions, medical practice) (“Institutions”) to hire health professionals (such as physicians, nurses, psychologists, related students degrees etc.) (“Professionals”) affiliated to the Platform depending upon their needs, respectively for health professionals to look for medical institutions affiliated to the Platform which they may be interested in providing their services for.
2.2 In becoming an Institution affiliated member, you shall have access to (1) your profile to update it and/or provide any additional information you may deem appropriate, as well as (2) profiles of Professionals profiles affiliated to the Platform,.
2.3 In becoming a Professional affiliated member, you shall have access to (1) your profile to update it and/or provide any additional information you may deem appropriate, as well as (2) profiles of Institutions affiliated to the Platform.
2.4 We may provide our affiliated members, whether Institutions or Professionals as defined in section 2.1 with additional services that may evolve over time such as, for instance, training session or educational materials, either for free or for a fee as shall be displayed on our Platform in due course.
3. Pre-Registration
3.1 Your access and use of our Platform is contingent upon your registration and creation of an account.
3.2 Please take note that your entitlement to register on our Platform shall be subject to your meeting our requirements in terms of Institutions’ or Professionals’ eligibility requirements, as displayed in our registration process and which may evolve over time.
3.3 While enrollment as an Institution is limited to Swiss based Institutions, foreign Professionals may also register on our Platform.
3.4 Whether you intend to enroll to our Platform as an Institution or a Professional, you shall be invited to pre-register and create an account when you log on our Platform.
3.5 As an Institution, you shall be invited to provide the following information:
· Your corporate name
· Your address
· Name and first name of a contact person
· The contact person’s email address
· The contact person’s phone number
3.6 As a Professional, you shall be invited to provide the following information:
· Your name and first name
· Your birth date
· A copy of your identity card
· Your email address
· Your nationality
· Your curriculum vitae
· Your diplomas/student card
4. Validation
Each pre-registration needs our confirmation and validation, which shall take place as follows:
· As an Institution, we shall directly get in touch with the contact person indicated in your pre-registration to assess your eligibility to become an affiliated Institution.
· As a Professional, we shall check your diploma(s) and assess whether such diploma(s) matches your identity and confirm your credentials as set out in your curriculum vitae.
5. Fees
5.1 Registration on our Platform for Professionals is free.
5.2 Registration of Institutions on our Platform is subject to the payment of a yearly fee (VAT excl.), to be paid within 30 (thirty) days upon receipt of our valid invoice, then on a yearly basis upon renewal.
5.3 Please take note that we may increase our fees on a yearly basis; provided, however, that you shall be informed of any such increase at a minimum three months in advance so as to enable you to terminate your subscription should you refuse such increase.
6. Content we may make available on the Platform
6.1 We may make available via the Platform content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films and other audio files, software, applications or games (together referred to as “Content”). We and/or our licensors own all Content made available through the Platform. Such Content is subject to copyright, trademark or other intellectual property rights and laws. You should assume that everything you see or read on our Platform is copyrighted unless otherwise noted and, unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written approval.
6.2 In addition, you acknowledge that the Platform itself is protected by copyright law. You further acknowledge that we own the trademarks <connectingmed > and all associated trade names, service marks and logos. All other trademarks used on the Platform, if any, are the property of their respective owners. Our trademarks may only be used in conjunction with products we produce or in relation to the services we offer, and in any case subject to our express prior written approval. For the avoidance of doubt, our corporate logo may only be used by us.
6.3 Sometimes, we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific terms of use are for that Content. Those specific terms of use may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Platform, you may be asked to affirmatively agree with the specific terms of use applicable to the Content.
6.4 PLEASE NOTE THAT UNAUTHORIZED USE OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE PLATFORM) MAY IN PARTICULAR RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
7. Content you share with us
7.1 Please note that by sharing Content through the Platform, whether through the creation of your account or through other options made available to you over time, your Content may become publicly accessible. You agree not to provide us or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Except for information covered by our Privacy Policy, any Content you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded Content.
7.2 You grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. Set aside the Content of your profile that shall be deleted upon termination of your account as set out in section 14 below, the foregoing licenses shall survive any termination of your use of the Platform, as further described below.
7.3 For all of the Content you share through the Platform, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Platform, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.
7.4 Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Platform or our business. If you send us any ideas or suggestions, regardless of the topic, we are free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Platform for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such Content. While we are free to decide whether or not to use such Content, please take note that we may already have developed similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remain with us and our licensors.
7.5 If we elect to post or publish your Content, we may in our sole discretion elect to withdraw the posted or published information for any reason and without notice.
8. Disclaimer of warranties
8.1 Please take note that we only operate our Platform as a marketplace enabling affiliated members to get in touch with one another and increase professional opportunities.
8.2 While we strive to ensure that the listed profiles of the Institutions are as accurate as can be, we are not in charge of the profile content and related displayed information that is only made available and updated by the Institution itself. As a result, it is up to you as a Professional to assess the credibility, viability and seriousness of any Content made available by the Institutions and directly liaise with such Institution to that effect.
8.3 We are not in a position to assess the correctness and validity of each and every diploma filed by our Professionals. As a result, it is up to you as an Institution to assess the true credentials of the prospective Professional(s) you engage and, in particular, to assess (1) the authenticity of such diploma(s) and (2) the recognition of such diploma in Switzerland, respectively by your Institution.
8.4 While we use reasonable efforts to ensure that the Content we may make available to you on the Platform is accurate and up to date, the Content may contain inaccuracies or typographical errors. We reserve the right to make changes, corrections and/or improvements to the Content, and to the products and services described in such Content, at any time without notice. We make no warranties or representations as to the accuracy of any of the Content. We assume no liability or responsibility for any errors or omissions in the Content of the Platform. ALL CONTENT IS PROVIDED "AS IS." WE PROVIDE NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE CONTENT SHOULD BE CAREFULLY EVALUATED BY MEMBERS OR VISITORS. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PLATFORM TO YOU SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS PLATFORM, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM TO THE LARGEST EXTENT ACCEPTED BY APPLICABLE LAWS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Content. We reserve the right to discontinue the Platform at any time without notice and without liability.
9. Rules of Conduct
9.1 In using the Platform, you agree to comply with the following “Rules of Conduct” as updated from time to time by us.
9.2 We will fully cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and we reserve the right to moderate (including removing) any such information or materials at any time from this Platform.
9.3 While we may monitor and moderate your Content submitted via the Platform, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Platform.
9.4 You are prohibited from posting or transmitting, through or in connection with the Platform:
i. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
ii. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
iii. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
iv. Any material non-public information about a company without the proper authorization to do so.
9.5 In addition, you will not:
i. Use the Platform for any fraudulent or unlawful purpose;
ii. Use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Platform;
iii. Impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
iv. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks;
v. Access or use the Platform through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
vi. Restrict or inhibit any other person from using the Platform (including by hacking or defacing any portion of the Platform);
vii. Use the Platform to advertise or offer to sell or buy any goods or services without our express prior written consent;
viii. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
ix. Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;
x. Remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform;
xi. Frame or mirror any part of the Platform without our express prior written consent;
xii. Create a database by systematically downloading and storing all or any Platform content; or
xiii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Platform, without our express prior written consent.
10. Links
10.1 The Platform may provide links to other websites and online resources. Links to third-party sites may be provided for the interest or convenience of visitors to this Platform. We will endeavor to inform you when you are leaving this Platform that the terms of use and privacy policy of the third-party site may be different. We are not responsible for and do not endorse such external sites or resources. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
10.2 You may also operate a third party website and wish to link to this Platform. In this case, we do not object to such linking provided that you do not suggest in any way that are affiliated with or endorsed by us. You must not use “framing” or similar practices, and must ensure that the link to the Platform opens in a new window. The link to our Platform does not permit you to use any and/or third party Content, names, logos, pictures or trademarks, unless separately agreed to with the relevant right-holders.
11. Privacy
Please see our Privacy Policy and Cookie Notice.
12. Liability
We exclude our liability with regards to your access and use to the Platform and the related services made available to you to the fullest extent admitted under applicable law.
13. Indemnity
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us and any other party involved in creating, producing or delivering the Platform, and their respective directors, officers, employees, agents, shareholders, licensors and representatives harmless from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Platform; (b) any violation of these Terms of Use by you or through any account you create in connection with the Platform or (c) any allegation that any Content that you make available or create through the Platform, ia fraudulent or infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
14. Termination
14.1 These Terms of Use are effective until terminated.
14.2 As a Professional, you may terminate your account at any time, in which case your account shall be deleted along with your Content in accordance with our Privacy Policy.
14.3 As an Institution, you may terminate your subscription for the end of your annual term, subject to a two months prior written notice.
14.4 We may further terminate your access to or use of the Platform or any portion thereof and close your account, at any time, if you breach these Terms of Use, or we reasonably believe that you have breached these Terms of Use, and do not remedy any such breach or clarify the situation in a documented way within 30 (thirty) days after having been notified of such breach; provided, however, that we may terminate your account without any such grace period in case of breach of Article 9.4 and 9.5.
14.5 Upon any such termination, your right to access and use the Platform will immediately be terminated. You further agree that we will not be liable to you or any third party for any termination of your access to or use of the Platform in accordance with this Article 14. Articles 6, 8-13, 16 and 17 shall survive any expiration or termination of these Terms of Use.
15. Contact
15.1 Our Platform is operated by Medical Connection Society LLC, Avenue des Invuardes 15, 1530 Payerne, Switzerland.
15.2 If you have any queries or complaints about our compliance with these Terms of Use, or if you would like to make any recommendations or comments to improve the quality of our Platform or these Terms of Use, please email us at <https://www.connectingmed.com>.
16. Miscellaneous
16.1 These Terms of Use shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision hereof, the Parties shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible to be valid and enforceable.
16.2 The article, section and subsection headings in this Agreement are only inserted for convenience and shall not affect in any way the meaning or interpretation of these Terms of Use.
16.3 The language of these Terms of Use shall be construed simply and according to its fair meaning, and shall not be construed for or against any Party as a result of the source of its draftsmanship.
17. Governing Law and Jurisdiction
17.1 These Terms of Use shall be governed by the laws of Switzerland, at the exclusion of the Private International Law Statute.
17.2 The Parties hereby expressly and irrevocably consent to the exclusive jurisdiction and venue of the Cour Civile du Tribunal cantonal du Canton de Vaud, seated in Lausanne, Switzerland for any claim arising out of, related to, or in connection with this Agreement.
The platform from which you are accessing these Terms of Use (“Platform”) is created and maintained by Medical Connection Society LLC, a limited liability company incorporated under the Laws of Switzerland, seated in Payerne, Switzerland (referred to below as “we”, “our” and “us”).
1. Consent
1.1 By accessing and using this Platform, you agree to these Terms of Use and to any additional rules that we may post on our Platform. If you do not agree to our Terms of Use, please do not use our Platform.
1.2 We reserve the right to make changes to these Terms of Use and to modify, change or discontinue any part or all of the Platform and/or the related services at any time. We will notify you of any changes to these Terms of Use when You visit the Platform, or via email, or by providing You with information on such update and updating the Terms of Use which can be viewed via the Terms of Use link. Our Terms of Use are located on our homepage at <https://www.connectingmed.com>.
2. Intended use of the Platform (Services)
2.1 The Platform is primarily meant to operate as a marketplace enabling medical institutions (such as hospitals, medico-welfare institutions, medical practice) (“Institutions”) to hire health professionals (such as physicians, nurses, psychologists, related students degrees etc.) (“Professionals”) affiliated to the Platform depending upon their needs, respectively for health professionals to look for medical institutions affiliated to the Platform which they may be interested in providing their services for.
2.2 In becoming an Institution affiliated member, you shall have access to (1) your profile to update it and/or provide any additional information you may deem appropriate, as well as (2) profiles of Professionals profiles affiliated to the Platform,.
2.3 In becoming a Professional affiliated member, you shall have access to (1) your profile to update it and/or provide any additional information you may deem appropriate, as well as (2) profiles of Institutions affiliated to the Platform.
2.4 We may provide our affiliated members, whether Institutions or Professionals as defined in section 2.1 with additional services that may evolve over time such as, for instance, training session or educational materials, either for free or for a fee as shall be displayed on our Platform in due course.
3. Pre-Registration
3.1 Your access and use of our Platform is contingent upon your registration and creation of an account.
3.2 Please take note that your entitlement to register on our Platform shall be subject to your meeting our requirements in terms of Institutions’ or Professionals’ eligibility requirements, as displayed in our registration process and which may evolve over time.
3.3 While enrollment as an Institution is limited to Swiss based Institutions, foreign Professionals may also register on our Platform.
3.4 Whether you intend to enroll to our Platform as an Institution or a Professional, you shall be invited to pre-register and create an account when you log on our Platform.
3.5 As an Institution, you shall be invited to provide the following information:
· Your corporate name
· Your address
· Name and first name of a contact person
· The contact person’s email address
· The contact person’s phone number
3.6 As a Professional, you shall be invited to provide the following information:
· Your name and first name
· Your birth date
· A copy of your identity card
· Your email address
· Your nationality
· Your curriculum vitae
· Your diplomas/student card
4. Validation
Each pre-registration needs our confirmation and validation, which shall take place as follows:
· As an Institution, we shall directly get in touch with the contact person indicated in your pre-registration to assess your eligibility to become an affiliated Institution.
· As a Professional, we shall check your diploma(s) and assess whether such diploma(s) matches your identity and confirm your credentials as set out in your curriculum vitae.
5. Fees
5.1 Registration on our Platform for Professionals is free.
5.2 Registration of Institutions on our Platform is subject to the payment of a yearly fee (VAT excl.), to be paid within 30 (thirty) days upon receipt of our valid invoice, then on a yearly basis upon renewal.
5.3 Please take note that we may increase our fees on a yearly basis; provided, however, that you shall be informed of any such increase at a minimum three months in advance so as to enable you to terminate your subscription should you refuse such increase.
6. Content we may make available on the Platform
6.1 We may make available via the Platform content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films and other audio files, software, applications or games (together referred to as “Content”). We and/or our licensors own all Content made available through the Platform. Such Content is subject to copyright, trademark or other intellectual property rights and laws. You should assume that everything you see or read on our Platform is copyrighted unless otherwise noted and, unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written approval.
6.2 In addition, you acknowledge that the Platform itself is protected by copyright law. You further acknowledge that we own the trademarks <connectingmed > and all associated trade names, service marks and logos. All other trademarks used on the Platform, if any, are the property of their respective owners. Our trademarks may only be used in conjunction with products we produce or in relation to the services we offer, and in any case subject to our express prior written approval. For the avoidance of doubt, our corporate logo may only be used by us.
6.3 Sometimes, we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific terms of use are for that Content. Those specific terms of use may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Platform, you may be asked to affirmatively agree with the specific terms of use applicable to the Content.
6.4 PLEASE NOTE THAT UNAUTHORIZED USE OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE PLATFORM) MAY IN PARTICULAR RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
7. Content you share with us
7.1 Please note that by sharing Content through the Platform, whether through the creation of your account or through other options made available to you over time, your Content may become publicly accessible. You agree not to provide us or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Except for information covered by our Privacy Policy, any Content you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded Content.
7.2 You grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for our business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. Set aside the Content of your profile that shall be deleted upon termination of your account as set out in section 14 below, the foregoing licenses shall survive any termination of your use of the Platform, as further described below.
7.3 For all of the Content you share through the Platform, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Platform, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.
7.4 Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Platform or our business. If you send us any ideas or suggestions, regardless of the topic, we are free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Platform for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such Content. While we are free to decide whether or not to use such Content, please take note that we may already have developed similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remain with us and our licensors.
7.5 If we elect to post or publish your Content, we may in our sole discretion elect to withdraw the posted or published information for any reason and without notice.
8. Disclaimer of warranties
8.1 Please take note that we only operate our Platform as a marketplace enabling affiliated members to get in touch with one another and increase professional opportunities.
8.2 While we strive to ensure that the listed profiles of the Institutions are as accurate as can be, we are not in charge of the profile content and related displayed information that is only made available and updated by the Institution itself. As a result, it is up to you as a Professional to assess the credibility, viability and seriousness of any Content made available by the Institutions and directly liaise with such Institution to that effect.
8.3 We are not in a position to assess the correctness and validity of each and every diploma filed by our Professionals. As a result, it is up to you as an Institution to assess the true credentials of the prospective Professional(s) you engage and, in particular, to assess (1) the authenticity of such diploma(s) and (2) the recognition of such diploma in Switzerland, respectively by your Institution.
8.4 While we use reasonable efforts to ensure that the Content we may make available to you on the Platform is accurate and up to date, the Content may contain inaccuracies or typographical errors. We reserve the right to make changes, corrections and/or improvements to the Content, and to the products and services described in such Content, at any time without notice. We make no warranties or representations as to the accuracy of any of the Content. We assume no liability or responsibility for any errors or omissions in the Content of the Platform. ALL CONTENT IS PROVIDED "AS IS." WE PROVIDE NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE CONTENT SHOULD BE CAREFULLY EVALUATED BY MEMBERS OR VISITORS. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PLATFORM TO YOU SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS PLATFORM, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM TO THE LARGEST EXTENT ACCEPTED BY APPLICABLE LAWS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Content. We reserve the right to discontinue the Platform at any time without notice and without liability.
9. Rules of Conduct
9.1 In using the Platform, you agree to comply with the following “Rules of Conduct” as updated from time to time by us.
9.2 We will fully cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and we reserve the right to moderate (including removing) any such information or materials at any time from this Platform.
9.3 While we may monitor and moderate your Content submitted via the Platform, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Platform.
9.4 You are prohibited from posting or transmitting, through or in connection with the Platform:
i. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
ii. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
iii. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
iv. Any material non-public information about a company without the proper authorization to do so.
9.5 In addition, you will not:
i. Use the Platform for any fraudulent or unlawful purpose;
ii. Use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Platform;
iii. Impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
iv. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks;
v. Access or use the Platform through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
vi. Restrict or inhibit any other person from using the Platform (including by hacking or defacing any portion of the Platform);
vii. Use the Platform to advertise or offer to sell or buy any goods or services without our express prior written consent;
viii. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
ix. Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;
x. Remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform;
xi. Frame or mirror any part of the Platform without our express prior written consent;
xii. Create a database by systematically downloading and storing all or any Platform content; or
xiii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Platform, without our express prior written consent.
10. Links
10.1 The Platform may provide links to other websites and online resources. Links to third-party sites may be provided for the interest or convenience of visitors to this Platform. We will endeavor to inform you when you are leaving this Platform that the terms of use and privacy policy of the third-party site may be different. We are not responsible for and do not endorse such external sites or resources. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
10.2 You may also operate a third party website and wish to link to this Platform. In this case, we do not object to such linking provided that you do not suggest in any way that are affiliated with or endorsed by us. You must not use “framing” or similar practices, and must ensure that the link to the Platform opens in a new window. The link to our Platform does not permit you to use any and/or third party Content, names, logos, pictures or trademarks, unless separately agreed to with the relevant right-holders.
11. Privacy
Please see our Privacy Policy and Cookie Notice.
12. Liability
We exclude our liability with regards to your access and use to the Platform and the related services made available to you to the fullest extent admitted under applicable law.
13. Indemnity
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us and any other party involved in creating, producing or delivering the Platform, and their respective directors, officers, employees, agents, shareholders, licensors and representatives harmless from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Platform; (b) any violation of these Terms of Use by you or through any account you create in connection with the Platform or (c) any allegation that any Content that you make available or create through the Platform, ia fraudulent or infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
14. Termination
14.1 These Terms of Use are effective until terminated.
14.2 As a Professional, you may terminate your account at any time, in which case your account shall be deleted along with your Content in accordance with our Privacy Policy.
14.3 As an Institution, you may terminate your subscription for the end of your annual term, subject to a two months prior written notice.
14.4 We may further terminate your access to or use of the Platform or any portion thereof and close your account, at any time, if you breach these Terms of Use, or we reasonably believe that you have breached these Terms of Use, and do not remedy any such breach or clarify the situation in a documented way within 30 (thirty) days after having been notified of such breach; provided, however, that we may terminate your account without any such grace period in case of breach of Article 9.4 and 9.5.
14.5 Upon any such termination, your right to access and use the Platform will immediately be terminated. You further agree that we will not be liable to you or any third party for any termination of your access to or use of the Platform in accordance with this Article 14. Articles 6, 8-13, 16 and 17 shall survive any expiration or termination of these Terms of Use.
15. Contact
15.1 Our Platform is operated by Medical Connection Society LLC, Avenue des Invuardes 15, 1530 Payerne, Switzerland.
15.2 If you have any queries or complaints about our compliance with these Terms of Use, or if you would like to make any recommendations or comments to improve the quality of our Platform or these Terms of Use, please email us at <https://www.connectingmed.com>.
16. Miscellaneous
16.1 These Terms of Use shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision hereof, the Parties shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible to be valid and enforceable.
16.2 The article, section and subsection headings in this Agreement are only inserted for convenience and shall not affect in any way the meaning or interpretation of these Terms of Use.
16.3 The language of these Terms of Use shall be construed simply and according to its fair meaning, and shall not be construed for or against any Party as a result of the source of its draftsmanship.
17. Governing Law and Jurisdiction
17.1 These Terms of Use shall be governed by the laws of Switzerland, at the exclusion of the Private International Law Statute.
17.2 The Parties hereby expressly and irrevocably consent to the exclusive jurisdiction and venue of the Cour Civile du Tribunal cantonal du Canton de Vaud, seated in Lausanne, Switzerland for any claim arising out of, related to, or in connection with this Agreement.