Legal Notice
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. LAST UPDATED ON 26.11.2023.
BE Health Management Company SA (“BE”) makes information available on the Website www.behealth.com (the “Website”), subject to the following terms and conditions. The access to and use of the Website implies the express and unreserved acceptance of these terms and conditions. The observance and fulfilment of these terms and conditions will be required in relation to any person who accesses or uses the Website. Please do not use the Website if you do not agree to each and every one of these terms and conditions.
BE reserves the right, at its sole discretion, to change, modify, add, or remove any of these terms and conditions, or any information contained in the Website at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon the posting of the changes to the Website. Therefore, please check the Website periodically for such changes. You hereby agree that your continued use of the Website means that you accept the revised terms and conditions.
1. Eligibility
The Website is available only to individuals who are of sufficient legal age.
Prohibited conduct
You may not use the Website for any purpose that is illegal or unauthorised, and you are exclusively liable for its consequences.
Prohibited conduct includes, but is not limited to:
· using any device, software or routine to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with or attempt to interfere with the Website, its content, or its operation, without BE’s prior express written consent;
· using use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Website or any information contained therein, without BE’s prior express written consent;
· using any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the proper operation of the Website;
· using the Website to collect personal data from others;
· using the Website in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner;
· engaging in any conduct that is fraudulent, false, misleading or deceptive;
· engaging in any conduct that violates any applicable law.
2. Content
The information and materials contained in the Website are for general references only. BE does not accept liability for the topicality, accuracy, completeness or quality of the information and materials provided unless the mistake occurred intentionally or through gross negligence. In particular, and without limitation, this refers to any loss, additional costs or damage of any kind suffered as a result of any use of any information and materials BE provides on the Website.
3. Referrals and links
BE has no influence on the design and contents of third party material linked, or referred to, from the Website. Therefore, BE expressly distances itself from such material and does not assume responsibility or liability of any nature whatsoever for the activities conducted or information contained in the third party websites.
4. Limitation of Liability
In no event will BE be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the Website or any materials on the Website. In addition, BE shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or defects occurring, or authenticity of, information provided, in connection with the Website; or for any delay or interruption in the transmission thereof to you; or for any claim or losses arising therefrom or occasioned thereby. BE shall not be liable for any third party claims or losses of any nature including, but not limited to lost profits, punitive or consequential damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
5. Disclaimer
The content and materials in the Website are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied. In particular BE makes no representation or warranty that your use of the Website will be uninterrupted, timely, or free from error.
6. Intellectual property
The Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by BE and/or other parties. No license to or right in any such IP is granted to or conferred upon you.
All copyright and other intellectual property rights in all text, images, sound, software and other materials contained in the Website are owned by BE or are included with permission of the relevant owners. You may not copy, reproduce, amend, publicly communicate, transform or distribute, by any means and under any form, all or part of the materials included on the Website, if BE, or where appropriate, the holder of the relevant rights, has not previously given their express permission in writing.
The Website displays or references trademarks which are registered in numerous trademark offices and agencies throughout the world by BE. You may not use these trademarks for any purpose without the express prior written consent of BE. BE considers its trademarks to be valuable assets, and takes infringement of them seriously.
7. Applicable law and competent jurisdiction
The terms and conditions, and your use of the Website, shall be governed by the laws of Switzerland without regard to its conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts located in Geneva, Switzerland, to resolve any legal matter arising out of these terms and conditions or your use of the Website.
8. Severability
If any part of these terms and conditions should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the terms and conditions. The remaining terms and conditions will continue to be valid and enforceable.
9. No waiver
BE’s failure to insist upon or enforce strict performance of any of these terms and conditions shall not constitute a waiver thereof.
10. Cookie Policy
This Cookie policy describes the different types of cookies and similar technologies that may be applied on the website www.behealth.com (the “Website”) provided by BE Health Management Company SA (“BE”).
What are cookies?
A cookie is a data file, which often includes a unique identifier, that is sent to your browser from a web server and is then stored on the hard drive of the device you are using to browse the website. Each website you visit can send its own cookie to your browser if your browser’s preferences allow it, but to protect your privacy your browser only permits a website to access cookies it has already sent to you, not cookies sent to you by other websites.
On the Website, users have the option of agreeing to the use of cookies in principle and thus being able to use all functions of the website without restrictions, the option of not receiving cookies at any time or of personalizing cookies by agreeing to the use of certain cookies. Please be aware that if you do not accept or deactivate the use of cookies which are subject to consent, this may lead to a situation that these cookies cannot do what they are intended for. In particular, if you deactivate functionality cookies, the respective functions of the website cannot be used. Therefore, your consent is required if you want to use certain functions provided by cookies.
How we use cookies
You can find more information about the categories of cookies we generally use and the purposes for which we use them through this link. For the individual cookies of each category, we have further set forth the cookie name, duration of the operation of the respective cookie, description of what this cookie does and, if applicable, what personal information is concerned as well as the name of the third party(ies) having access to the cookie.
How to control and delete cookies
With the banner, we offer you a convenient option of rejecting or approving individual cookies or groups of cookies generally used on the Website. You can also block and delete cookies at any time by changing settings on your browser. To manage cookies, most browsers allow you to accept or reject all cookies or accept only certain types of cookies. Information about the procedure to follow in order to enable or disable cookies can be found on your Internet browser provider’s website via your help screen. You can also find out how to do this, and find more information on cookies at www.allaboutcookies.org. for information on how to manage cookies within commonly used browsers. Please be aware that if cookies are disabled, not all features of the Website may operate as intended. If you would like more information about interest-based advertising, including how to opt-out of these cookies, please visit http://youronlinechoices.eu/.
11. Google Analytics
Our Website uses Google Analytics, which is a web analytics service provided by the third party provider Google, Inc. (“Google”). Google Analytics is used for the purpose of evaluating your use of our Website, compiling reports on Website activity and other services relating to Website activity and internet usage. The information generated by the cookie about your use of the Website is usually transmitted to and stored by Google on servers in the United States. This transfer is covered by a data processing agreement that we have concluded with Google:
https://support.google.com/analytics/answer/6004245?hl=de&ref_topic=2919631 (information on Google Analytics and data privacy).
Our Website uses Google Analytics, a web analysis service of Google Inc (“Google”). When you provide us with your consent, Google Analytics uses cookies to analyse how you use our Website. We only use Google Analytics with activated IP anonymization. This means that Your IP address will be only processed in a shortened form in order to exclude direct personal references. The legal basis for this processing is Art 6.para.1lit.a) GDPR. You can object to this processing and revoke your consent to this data collection at any time through this link.
Google recommends that its users provide end-users with some specific information. Below is a summary of Google’s statement to fulfil this recommendation:
Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
This website uses cookies. We use cookies that are strictly necessary to enable the basic features of this site to function. Subject to your voluntary consent, we would also like to set optional cookies for the purposes of improving site content, personalizing content, tailoring advertising to your interests, and measuring site usage. By clicking on "Allow all cookies" you are agreeing to the use of these cookies. Alternately, you can customize the cookies by clicking on "Allow selections ". For more information on our use of cookies, please visit our Cookie Policy.
Cookies are small text files that can be used by websites to make a user's experience more efficient.
The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.
This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.
You can at any time change or withdraw your consent from the Cookie Declaration on our website.
Learn more about who we are, how you can contact us: data.privacy@kempinski.com