Terms of Use | preventFLU

Welcome to the Swixx Biopharma AG (hereinafter the “COMPANY”, “we”, “us”, “our”) owned or/and operated electronic platform, including but not limited to website and mobile application (hereinafter the “Electronic Platform”). The information presented on this Electronic Platform is provided for general educational and informational purposes for the general public. It is intended to support public understanding of health-related matters, disease awareness, prevention, wellbeing, risk factors and related public health topics.

This Electronic Platform is not intended for use by children. Users (hereinafter also “you”, “your”) under the applicable legal age should not use this Electronic Platform.

Please review these Terms of Use before using this Electronic Platform. Access to and use of this Electronic Platform shall be considered acknowledgement that you have read, understood, and agreed to, without limitation or qualification, the following terms, conditions, and notices, as well as agree to comply with all applicable laws.

I. No Warranty or Liability

While the COMPANY makes all reasonable efforts to include accurate and up-to-date information, we make no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on this Electronic Platform and disclaim any liability for the use of this Electronic Platform or its content. The COMPANY reserves the right to make changes, corrections and/or improvements to the information provided in this Electronic Platform.

All users agree that all access to and use of this Electronic Platform and of any site linked to from this Electronic Platform and the content thereof is at their own risk. The COMPANY also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your device or other property on account of your access to, use of, or browsing in this Electronic Platform or your downloading of any materials, data, text, images, video, or audio from this Electronic Platform.

Neither the COMPANY nor any other party involved in creating, producing, or delivering this Electronic Platform or on any site linked to from this Electronic Platform shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, or punitive damages arising out of your access, use, or inability to use this Electronic Platform or any site linked to from this Electronic Platform, or any errors or omissions in the content thereof. The above may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

II. Forward-Looking Information

This Electronic Platform may contain forward-looking information or statements. Such information and statements are subject to a number of significant uncertainties and risks, including scientific, business, and economic factors, and therefore are not guarantees of the COMPANY's future performance and activities. Actual results may differ significantly from those presented.

III. Health Related Information

Some information provided in this Electronic Platform may relate to medical, health or fitness conditions, their prevention and treatment. This information is provided for general educational and informational purposes only. It is not intended to provide medical advice, diagnosis or treatment, and it should not be used as a substitute for advice from a physician, pharmacist or other qualified healthcare professional.

Do not use the information on this Electronic Platform to diagnose a health problem, disease or medical condition, or to decide whether any treatment, vaccination or other healthcare measure is appropriate for you. Always consult your own physician or other qualified healthcare professional regarding any questions you may have about your health, prevention, vaccination or treatment options.

IV. Use of the Electronic Platform

A) Privacy

Please review the Privacy Policy, which also governs your visit to this Electronic Platform, to understand our information practices.

B) User Conduct

If this Electronic Platform provides user accounts, registration, log-in functionality or password-protected areas, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. You agree to accept responsibility for activities that occur under your account where such account functionality is made available to you.

If no account, registration, log-in or password-protected functionality is made available on this Electronic Platform, the account-related obligations in this section do not apply.

C) Information Submitted by Users

Subject to any applicable terms and the conditions set forth in the Privacy Policy, any communication or other material that you provide to us through the COMPANY’s Electronic Platform, electronic mail, or otherwise, such as any questions, comments, or suggestions shall be treated in accordance with the Privacy Policy and applicable data protection requirements.

Unless expressly agreed otherwise, such communication or material shall not be treated as proprietary. The COMPANY may use non-confidential feedback, ideas, concepts, know-how or suggestions contained in such communication for legitimate business purposes, including improving educational content and Electronic Platform functionality, provided that any personal data is handled in accordance with the Privacy Policy and applicable law.

D) License and Electronic Platform Access

You are granted a limited license to access and make personal use of this Electronic Platform and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the COMPANY.

This license does not include any resale or commercial use of this Electronic Platform or its contents; any collection and use of any descriptions, or any derivative use of this Electronic Platform or its contents; and downloading or copying of information for the benefit of another business; or any use of data mining, robots, or similar data gathering and extraction tools.

This Electronic Platform or any portion of this Electronic Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without express written consent of the COMPANY.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express prior written consent of the COMPANY.

Any unauthorized use terminates the permission or license granted by the COMPANY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray the COMPANY, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

You acknowledge your sole and exclusive liability with respect to any issues arising out of or in connection to the creation of such a hyperlink. You may not use any of the COMPANY’s logo or other proprietary graphic or trademark as part of the link without our express prior written consent.

You may not use this Electronic Platform in any manner that is unlawful, fraudulent, misleading, harmful, abusive, defamatory, obscene, threatening, discriminatory, or otherwise objectionable, or in any manner that could damage, disable, overburden, impair or interfere with the operation, security or availability of this Electronic Platform.

You may not attempt to gain unauthorised access to any part of this Electronic Platform, any systems or networks connected to it, or any data or information not intended for you. You may not introduce viruses, malware, harmful code or other technologically harmful material.

The COMPANY reserves the right to restrict, suspend or terminate access to this Electronic Platform in case of any actual or suspected breach of these Terms of Use.

V. Electronic Platform Content

A) Availability of Products and Services

This Electronic Platform is intended to provide general educational and disease-awareness information, and it is not intended to advertise, promote, recommend or solicit the use of any medicinal product, treatment or healthcare service.

Any references to prevention, vaccination, disease management or treatment options are general in nature and should not be understood as encouraging users to request or use any particular medicinal product. Decisions regarding prevention, vaccination, diagnosis or treatment should always be made by a qualified healthcare professional in consultation with the individual concerned.

The Electronic Platform is intended for an international audience and may refer to products and/or services that are generally available in various countries. However, certain products and/or services may not be available or approved in your country.

Nonetheless, reference to any such products or services in this Electronic Platform does not imply or warrant that these products or services will be available at any time in your particular location. The COMPANY does not assume any responsibility for your access to products and/or services that should not be accessible in your country. Nor does the COMPANY accept responsibility for any use of products or services that is not compliant with applicable local laws and regulations.

B) Descriptions of Products and Services

Because this Electronic Platform is intended for educational and disease-awareness purposes, its content focuses on general information about diseases and/or related public health topics. The content is not medicinal product-specific.

The COMPANY does not represent or warrant that the information on this Electronic Platform is complete, accurate, or up to date, or suitable for every individual circumstance, or applicable in every country.

C) No Promotion of Medicinal Products

The purpose of this Electronic Platform is to provide balanced, general and educational information. Nothing on this Electronic Platform should be interpreted as advertising or promotion of any medicinal product, including prescription-only medicines, or as an inducement to request any particular medicine from a healthcare professional.

VI. Third Party Electronic Platforms and Links

Links to third party pages are provided for convenience only. The COMPANY does not express any opinion on, and is not responsible for, the content of any off-site pages or any other sites linked to this Electronic Platform and expressly disclaims any liability for all third-party information and the use of it.

VII. Intellectual Property

A) Trademark

The COMPANY logo, trademarks and other marks that appear throughout this Electronic Platform belong to the COMPANY, its affiliates, content suppliers, vendors, and/or business partners, and are protected by Swiss and international trademark laws.

You are prohibited from using any of the marks appearing throughout this Electronic Platform without express prior written consent from the respective trademark owner except as may be permitted by applicable laws.

B) Copyright

All content on this Electronic Platform, including (but not limited to) text, graphics, logos, button icons, images, audio, and video content, digital downloads, data compilations, and software is the property of the COMPANY, its affiliates, content suppliers, vendors, and/or business partners and protected by Swiss and international copyright laws unless otherwise noted.

You may download, display or print information from this Electronic Platform solely for non-commercial personal use. Any other reproduction, retransmission, or use is strictly prohibited.

VIII. Miscellaneous

A) Revisions

The COMPANY may at any time revise these Terms of Use at its discretion and without prior notification by updating this posting. Since you are bound by these Terms of Use, you should periodically visit this Electronic Platform to review the then current Terms of Use.

B) Applicable Law and Jurisdiction

These Terms of Use, their interpretation, validity and any dispute arising out of or relating to such Terms of Use are to be governed by and construed in accordance with the law of Switzerland without reference to its conflict of law rules.

Any dispute, action, suit or legal proceedings, including interim proceedings, arising out of or relating to the Privacy Policy and this Electronic Platform shall be exclusively brought by you before the ordinary competent Courts of Lugano, Switzerland.

The COMPANY and/or its affiliates shall be free to bring any dispute, suit or legal proceedings, including interim proceedings, arising out of or relating to this Privacy Policy and this Electronic Platform before the ordinary competent Courts of Lugano, Switzerland and/or before any other competent jurisdiction.

C) Severability

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.