TERMS OF USE

The Source Medicine Institute GmbH, Schaffhauserstrasse 367, 8050 Zurich, (“The Source”, “We”) welcomes you. The Source Medicine runs a multi-centric and functional medical Institute in Switzerland and offers a broad range of services in the field of functional medicine.

The Source provides this online platform (the “Platform”) for the purpose of enabling a selected range of experts (“Experts”) to provide their therapeutic services (the “Services”) via videoconferencing to interested users (the “Users”). 

 

  1. Scope of Application

The relationship between The Source and the Users of the Platform is governed by these Terms of Use. The Terms of Use apply to the User’s use of the Platform and to all services provided by The Source to the User in connection with the use of the Platform and not with respect to the Therapeutic Services. The Terms of Use may be updated from time to time without notice. Any Terms and Conditions of the User or the Therapists shall not apply between The Source and the User. 

By visiting and using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Use and our Privacy Policy, which is hereby incorporated by reference.  

We provide Users as well as visitors of the Platform with access to the Platform as described below.

 

  1. the Platform and our services
    1.  The Platform Service

The Source provides the Platform for the purpose of enabling Therapists to provide their Therapeutic Service via videoconferencing to interested Users and offers its platform services under the domain ‘www.source-medicine.org’.

The Platform services provided by The Source are limited to the provision of the Platform, connecting the User with the Therapists and the handling of payments on behalf of the Therapists and the Users. Unless explicitly indicated by The Source, The Source is not involved in the provision of Therapeutic Services and does not act as a therapeutic or medical company vis-à-vis the Users.

The Therapists run individual practices in various countries and offer their services (in their own name and on their own accounts) to the Users via the Platform. 

The Source is under no obligation to accept any individual as a User and may accept or reject any booking of a Therapeutic Service (“Booking”) in its sole and complete discretion. In addition, The Source may cancel a Booking at any time, including, without limitation, if it determines that a User has violated these Terms of Use.

 

  1. The Source’s Role in the Platform Service

The Source is not involved in the relationship between the User and the Therapists and is not an agent, party or representative of a party, but is the sole operator of the Platform and makes this Platform available to the Therapists and the Users. 

Any contracts between the Users and the Therapists are concluded and fulfilled without the participation of The Source – except where specifically indicated that a Therapist of The Source will provide the Therapeutic Service. The Source, its representatives, employees and auxiliary persons are in no way responsible for the risks associated with the Therapeutic Services and are not liable for the Therapist’s acts, omissions or any content of the communications made by them in the context of the Therapeutic Services.

 

  1.  Third-Party Applications

For the ordinary provision of the Platform and the facilitation of the Therapeutic Services, The Source and the Therapists make use of third-party online software applications, which are applied in the course of the use of the Platform and the participation in the videoconference sessions with the Therapists (“Therapeutic Sessions”).

For the purpose of scheduling and booking the available slots of the Therapist, The Source embeds the online scheduling application of Acuity Scheduling by Squarespace, Inc. (for the US) and  , outside the US, Squarespace Ireland Limited (“Acuity”). By making use of Acuity for the Booking of your Therapeutic Service Session you agree to the applicable Terms of Service of Acuity (www.squarespace.com/terms-of-service).

For the purpose of establishing a Therapeutic Session with a Therapist, you will need to download or make your device available with the videoconference application Zoom by Zoom Video Communications, Inc. (“Zoom”). By making use of Acuity for the Booking of your Therapeutic Session, you agree to the applicable Terms of Service of Zoom (www.zoom.us/terms). The Sourceand the Therapists are not liable and responsible for the functionality or the quality of the videoconferencing services provided by Zoom. You are obliged to ensure the connectivity and functionality of your device designated for the use of the Platform Service and the Therapeutic Session. 

For the purposes of enabling the Payment Process on the Platform, The Source applies the online payment tool of PayPal Holdings Inc. (“Paypal”) in order to process your payments to The Source and the Therapists as set out in the Payment Process below. The Source solely accepts payment by PayPal and therefore requires that the User have a corresponding PayPal account. By making use of PayPal for the Payment Process, you agree to the applicable Legal Agreements for PayPal Services (https://www.paypal.com). 

 

  1.  Booking Process

In order to be able to use the Platform and make a booking for a Therapeutic Session, you must register by providing truthful and complete data prescribed by the registration form (“Registration Information”), and actively agree to the present Terms and Conditions. You are solely responsible for the accuracy of your Registration Information.

You can choose between completing a Booking as a guest (i.e. without creating a User account) and between creating a password-protected user account where you can store you basic information in order to facilitate future Bookings. 

Subject to meeting additional registration requirements (such as completing any verification or identification processes), you can schedule a Therapeutic Session on the Platform by following the respective booking and scheduling process. 

All applicable fees and prices (service fee for The Source and the Therapist) will be presented to you prior to booking a Therapeutic Session. The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include any applicable statutory value added tax applicable at the time of the Booking. 

Upon completion of the booking and payment process on the Platform, you will receive an e-mail from The Source confirming the Booking. The confirmation e-mail will include a personalized Zoom link with a corresponding personalized code, which will enable you to attend the Therapeutic Session at the booked time. 

Upon receipt of a booking confirmation from The Source, a legally binding agreement is formed between you and your Therapist, including the applicable cancellation policy and any rules and restrictions specified in these Terms of Use. 

 

  1.  Cancellation Policy

By confirming a Booking on the Platform, you undertake to attend the Therapeutic Session with the Therapist at the scheduled time. 

You may cancel a confirmed Booking at any time up to 48 hours prior to the scheduled Booking, and The Source will refund the full amount of the Booking Fee to you. 

If the Therapist cancels a confirmed Booking or does not show up at the indicated time of the User Session, you will receive a full refund of the respective Booking Fee. If you wish to apply the refund to a new Booking, The Source will credit the amount against your subsequent Booking.

Any queries or complaints in connection with the cancellation policy can be addressed to [a-mail address]

 

  1. complaints 

[xxx]

 

  1. lawful use of the platform

By accessing and/or using the Platform, you agree and warrant that you will comply with all applicable laws in your use of the Platform and Therapeutic Service Session and do not use the Platform and Therapeutic Service Session for any unlawful purpose, and that you will not interfere with or attempt to interrupt the proper operation of the Therapeutic Services and the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform and the Therapeutic Sessions, or any portion of the Platform, without notice.

 

  1. Intellectual Property Rights

All intellectual property and other rights to the Platform are owned by The Source. Visiting and using the Platform does not result in any transfer of any rights to the Platform. The Platform may contain material, such as videos, coursework,  training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Source (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  Unauthorized use of the Content may violate copyright, trademark, and other proprietary laws.

Visitors and Users may view all publicly available Content for their own personal, non-commercial use.  No other use is permitted without the prior written consent of The Source.  The Source retains all right, title, and interest, including all intellectual property rights, in and to the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

 

  1. Limitation of Liability

The Source provides the Platform online on an “as is” basis and cannot guarantee an uninterrupted or error-free operation of the Platform. The Source is also not liable for the functionality or the quality of the videoconferencing services provided by Zoom and the scheduling services provided by Acuity. The Source excludes its liability (including the liability for its auxiliary persons, employees, suppliers and subcontractors) for all claims arising from or in connection with the use of the Platform to the greatest extent legally possible, in particular for damages due to transmission errors, technical defects, interruptions or disturbances. 

The Source is not a party to the contract between the User and the Therapist (unless otherwise explicitly stated). The Source is not liable for claims arising from or in connection with the respective Treatment Contracts; in particular, The Source is not liable for damages which arise out of or in connection with the Therapeutic Services provided by a Therapist or its auxiliary persons or employees. The Source is accurate and complete, 

  • you will comply with any and all laws applicable to your use of the Platform,
  • you will not interfere with or disrupt The Source’s or its third-party applications’ security measures,
  • you agree to indemnify and hold us and our officers, directors, employees, agents, successors and licensees harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of these Terms of Use; (ii) your misuse of the Content and/or the Platform; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right,
  • if any information you provide to The Source becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify The Source,
  • you acknowledge that The Source does not provide any healthcare services provided through the Platform (unless otherwise explicitly indicated) and
  • you acknowledge that the Therapists are solely liable and responsible for complying with their local regulatory regime to provide Therapeutic Services. 

 

  1. External Links

The Platform may provide links or references to other websites that are not affiliated with The Source. The Source is not responsible for the content of such websites and shall not be liable for any damages or injury arising from access to such websites. Any links to other websites are provided only as a convenience to the users of this website. The Source does not express an opinion on the content or the properties of such linked websites and disclaims any liability in connection therewith.

 

  1. transfer of rights

The Source reserved the right to transfer some or all of its rights and obligations under these Terms of Use to a third party or to have them exercised by a third party.

 

  1.  severability clause

Should individual provisions of these Terms of Use be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions which correspond to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner .

 

  1. Applicable Law & Jurisdiction

These Terms of Use are governed by the laws of Switzerland without regard to its conflict of laws provisions.

Any dispute arising out of or in connection with these Terms of Use shall, unless otherwise required by law, be exclusively and finally determined by the ordinary courts of the place of incorporation of The Source. 

If you have any questions or comments about these Terms of Use or the Platform as such, please do not hesitate to contact us at:

The Source Medicine Institute GmbH

Schaffhauserstrasse 367
CH-8050 Zürich