1.1. Welcome to Rikai. The following General Terms and Conditions (hereinafter referred to as “GTC”) become part of the service contract between you and Rikai AG (hereinafter referred to as “Rikai“, “we”, “our” or “us”), as the operator of a platform with which you as a user (hereinafter referred to as “user” or “you”) can obtain services. Our platform offers the following functions, among others: Appointment scheduling, health test analysis and communication with personalized health information, historized view and health factor analysis.
1.2. The online offer of Rikai (any software, services and other technology) are hereinafter referred to as “Rikai Platform” .
Important Caveat: NOTE THAT WE DO NOT PROVIDE MEDICAL DIAGNOSIS. SEEK THE ADVICE OF MEDICAL PERSONNEL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY MEDICAL SERVICES IMMEDIATELY, IF NECESSARY. QUESTIONS ABOUT MEDICAL CONDITIONS SHOULD ALWAYS BE ADDRESSED WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD THE QUALIFIED ADVICE OF A MEDICAL PROFESSIONAL OR DELAY AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ, SEEN OR HEARD ON THE RIKAI PLATFORM.
2.1. Our offers, information, etc. are directed exclusively at persons who are resident in Switzerland.
2.2. In order to use Rikai Platform, you must agree to these TOS. If you do not agree with these TOS, you are prohibited from using or accessing the Rikai Platform.
2.3. The Rikai platform is operated by Rikai AG (CHE-292.353.217), a stock corporation under Swiss law with its registered office at Industriestrasse 30, 8302 Kloten.
2.4. If you would like to contact us, please email our customer service department. You can reach him at info@rikai.ch.
3.1. These TOS apply to the use of the Rikai Platform and contain the terms and conditions under which we allow you to use the Rikai Platform. It is important that you read and understand these TOS before using the Rikai Platform. If there is anything in connection with the GTC that you do not understand, please contact us at info@rikai.ch.
3.2. You can only create an account on the Rikai platform if you agree to these T&Cs.
4.1. It is a very important concern for us to protect your privacy and your personal data (hereinafter referred to as “personal data” ). Your personal data is collected, stored and processed in the context of the use of the Rikai platform as well as our offers in accordance with the Swiss Data Protection Act. Please read our privacy policy.
5.1. The use of the public part of the Rikai Platform and the creation of a personal account are free of charge. The use of offers is subject to a fee.
5.2. The Rikai Platform does NOT diagnose health conditions, nor does it tell you how to treat your conditions, if any. To make medical diagnoses and treat health conditions, contact a physician of your choice.
5.3. You are responsible for maintaining the confidentiality of your login data and any activities in your personal account area. In the event that you suspect that your account may have been misused, you undertake to notify us immediately (www.rikai.ch/en/contact).
6.1. The Rikai Platform and the materials and content contained therein are and shall remain our property or the property of those persons who have granted us a corresponding license. We grant you the right to use these materials and content solely for the purpose of using the Rikai Platform resp. Our offers. If you use the Rikai Platform on behalf of another person, you are solely responsible for ensuring that such use is permitted for that person in accordance with data protection laws and other legal requirements. In particular, you are obliged to obtain the corresponding consent of the other person and to inform him or her about the content and scope of our GTC and our privacy policy.
6.2. We grant you the right to personal access and use of the Rikai Platform. Your right to access the Rikai Platform does not preclude us from granting others the right to access the Rikai Platform.
6.3. Your right to use the name “Rikai” or any trademarks, logos, domain names or other distinctive brand identifiers is limited to the scope described in these TOS.
6.4. In exchange for your agreement to abide by these TOS, we grant you a limited, non-transferable, non-sublicensable, personal, non-exclusive and revocable right to access the Rikai Platform. This under the conditions stated in these GTC or the privacy policy.
6.5. You, as User:in, agree to refrain from the following, unless such conduct is expressly permitted under these TOS or under mandatory copyright law, in order to enable the use of the Rikai Platform in accordance with its intended use and/or this is essential to obtain the information necessary to achieve interoperability with other programs:
6.6. You understand and acknowledge that any confidential information, copyrights, rights of use, exploitation and performance, and other intellectual property rights that exist in whole or in part with respect to our Rikai Platform are owned by us or the persons who have granted us a license with respect thereto.
6.7. Feedback/Surveys. If you provide us with feedback, ideas, or suggestions, or if you respond to surveys in connection with our Services (hereinafter “Feedback” referred to as), you acknowledge that the Feedback is non-confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, and unlimited license to use your Feedback in any manner, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether in modified or unmodified form. We will always use your feedback in accordance with these Terms of Use, our Privacy Policy and all other applicable laws.
7.1. In addition to the other provisions of these T&Cs, this section describes certain rules concerning the use of the Rikai Platform (hereinafter referred to as the “Rules” ).
7.2. Everything mentioned below are things that are prohibited in the context of the use of the platform. You are prohibited from:
7.3. Failure to comply with the requirements set forth in sec. 7.2 Shall constitute a material breach of these TOS and may result in our taking, in our sole discretion, the following actions, either individually or collectively:
7.4. Response to a breach of contract committed by you is not limited to the actions set forth in the foregoing sec. 7.3 described steps, i.e. we have the right to take any further steps in accordance with the GTC and the statutory provisions.
8.1. In the event that at any time you feel that you can no longer agree to these TOS or the Privacy Policy, you are required to immediately stop using the Rikai Platform.
8.2. You have the right to stop using the Rikai Platform at any time and request the deletion of your account, including if you do not agree with the changes to the Platform or these TOS. Please follow the instructions described on the Rikai platform to deactivate your account.
8.3. We can terminate the contract concluded with you properly with a notice period of two weeks.
8.4. Your and our right to terminate this contract for cause remains unaffected. Good cause shall be deemed to exist for us in particular, but not exclusively, if you violate material contractual provisions (in particular Section 7.2) and if it can be assumed on the basis of external circumstances that you are misusing our services. If there is an important reason, we are further authorized to block your access authorization to the Rikai platform, provided that no other mitigating measure intervenes.
8.5. If you or we deactivate your Account as described in this section or revoke your right to access the Rikai Platform, we will delete the personal data we hold about you in accordance with our Privacy Policy (and as required by applicable law), without affecting our rights to use such data in anonymized form. You will also lose the right granted to you to access our Rikai Platform.
9.1. Any information regarding the symptoms you provide, provided to you in text form as a statement made or by inference, via the Rikai Platform, is for informational purposes only. The information is provided by Rikai “as is” without warranty, guarantee or representation of any kind.
9.2. You should not take any action based on the information provided through the Rikai Platform without first consulting a physician or other medical professional.
9.3. Due to the nature of the Internet and technology, it is not possible for us to promise you that you will be able to use the Rikai Platform uninterruptedly and without delays or errors at all times, and that the Platform will meet your expectations at all times. For this reason, we cannot assume any obligation regarding the performance or availability of the Rikai Platform in these TOS. We also expressly exclude liability due to defects of the Rikai Platform that existed between you and us at the time of the conclusion of the contract on the use of the Rikai Platform.
9.4. Should you incur any damage through the use of the Rikai platform, we shall only be liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of essential contractual obligations, the fulfillment of which makes the proper execution of this contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which you as a user:in may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health or liability under the Product Liability Act.
10.1. If and to the extent that our Platform includes links to other websites and resources served by third parties, it is understood that such links are provided to you purely as an informational convenience.
10.2. It is not possible for us to influence the content of such websites or resources provided by third parties and we are not liable for the content of linked or framed information or websites. We will not be liable for any financial or physical damages that may result to you as a result of or in connection with your use of these sites or resources.
11.1. We are constantly updating and improving the Rikai platform. We are constantly striving to provide you with new and innovative services and features. Improvements and updates are also made against the backdrop of adapting to changing technologies, behaviors, and the way people use the Internet.
11.2. We reserve the right to change a particular part of a platform-specific feature by updating the Rikai Platform, performing a reset in this regard, and discontinuing service or support for it. These changes may affect your activities on the Rikai Platform. Changes may also include deleting, modifying, or resetting the features you use. If you have registered, we will inform you separately about the changes and your rights in case of changes (see section 12.3.).
12.1. We have the right to change, adapt or supplement these GTC. The latest version of the GTCs is available on our website (rikai.ch).
12.2. Possible changes to these TOS are usually made due to the addition of new features to the Rikai Platform or changes in laws or applicable regulations.
12.3. You will be informed at least 30 calendar days before the changes or amendments to the GTC come into force. If you use the Rikai Platform beyond the date after the entry into force of announced changes and amendments to the GTC, the changes and amendments shall be deemed to be effectively agreed upon as of the date of entry into force. A right of termination remains unaffected.
With payment of one of our offers, a valid contract is concluded in relation to the ordered/booked/paid offer.
The current version of the GTC includes all other provisions that govern the contractual relationship between you and us. Older versions of the GTC shall no longer apply to our contractual relationship and shall be completely replaced by the current version.
This contract is subject to Swiss law. The place of jurisdiction is Wiesendangen (Switzerland).
15.1. You agree that we may communicate with you electronically (e.g., via email or other text form).
15.2. We may send you notices electronically via email that you have provided to us at the time of registration on the Platform or via any other electronic communication service within our Rikai App or Website.
15.3. Failure to enforce our rights cannot be construed as a waiver of that right.
15.4. If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected.
15.5. Only the contracting party itself has the right to enforce contractual provisions.
In the event that you wish to contact us in connection with these GTC or any other document mentioned therein, please use our form(www.rikai.ch/kontakt).