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Terms of Use

OPAN® Terms of Use

Parties, Purpose and Content

OPAN CARE AG, Salvisbergstrasse 6, 3006 Bern; hereinafter referred to as "Operator". "Referrers": Organizations or individuals who send applications or requests via the OPAN® platform. "Providers": Organizations that receive and process applications or requests via the OPAN® platform. "Users": All organizations and individuals who interact with the OPAN® platform via online access, including referrers and providers. "OPAN® Platform": The online platform provided by the operator for the exchange of applications and information in healthcare.

The operator provides the web-based OPAN® platform to the "User" in accordance with these terms of use, hereinafter referred to as "Terms". With the simple right of use for online access to the OPAN® platform, data can be jointly processed by various parties (Software as a Service "SaaS").

Version and Validity

These Terms of Use were issued on July 22, 2024, and come into effect immediately. They supersede all previous versions. OPAN CARE AG reserves the right to update these terms as needed.

The German version of the Terms of Use is legally binding.

Function of the OPAN® Platform

The OPAN® platform is a digital intermediary platform in healthcare that efficiently connects referrers and providers. It enables secure and process-supported transmission of applications, messages, and documents between the involved parties.

Core functions:

  • Secure data transmission: OPAN® ensures encrypted and data protection-compliant transfer of all information.
  • Process support: The platform offers structured workflows for applications and communication.
  • Provider management: OPAN® maintains a comprehensive, always up-to-date directory of healthcare providers.

The directory includes a wide range of providers, including: Home care organizations, nursing homes, rehabilitation clinics, psychiatric clinics, medical practices, other service providers in outpatient and inpatient care.

OPAN® acts exclusively as an intermediary. The responsibility for the transmitted data and its processing lies with the respective referrers and providers. OPAN® only provides the technical infrastructure for secure data exchange.

This platform contributes to optimizing collaboration in healthcare, simplifying administrative processes, and ultimately improving the quality of patient care.

Service Provisions and Process Assurance

The operator's central support team ensures the correct execution of the overarching processes. To maintain the high service quality and reliability of OPAN®'s service, the support team monitors compliance with response times and the functionality of the OPAN® platform to intervene if necessary.

Support

The operator's telephone and electronic availability (email or service desk) for support cases is guaranteed from Monday to Friday continuously from 08:00 to 17:00. Generally applicable office hours apply before and during holidays.

Availability of the OPAN® Platform

OPAN®'s service time is from 00:00 to 24:00 on 365 days a year with a very high availability of 99.8% on a monthly average. The operator is responsible for ensuring the operation of the OPAN® platform and the required IT infrastructure, as well as for ensuring the operability of the interfaces.

Disclaimer of Liability and Warranty

The operator does not guarantee the provision of the services or care services desired by the referrer or patient by the providers. The services to be provided by the provider to the referrer or patient are to be regulated separately and are not part of these terms of use.

If the referrer does not receive confirmation of the transmitted data via OPAN® from the provider, it should be assumed that the data was not delivered. In this case, it is the referrer's responsibility to repeat the data via OPAN® until receipt of a corresponding confirmation or to contact the responsible provider through alternative means outside OPAN® (telephone, email).

Within the framework of these terms, the operator does not guarantee the constant availability of the OPAN® platform. As a web-based solution, the OPAN® platform is particularly dependent on the function of the corresponding data transmission infrastructure, over which the operator has no influence. It is the referrer's responsibility to provide redundant application routes (e.g., by telephone) in case the Internet as a whole or the application possibility via OPAN® fails.

The operator assumes no warranty for the accuracy or completeness of the data transmitted via OPAN®. The content review of the transmitted data is the responsibility of the referrer and provider. Likewise, any storage and long-term archiving of the data transmitted via OPAN® is the responsibility of the referrer and provider.

To the extent permitted by law, the operator excludes any liability and warranty towards the referrer and provider in connection with the use of OPAN®.

Intellectual Property Rights

Within the framework of these terms, the user is only granted the necessary rights to use the OPAN® platform and no intellectual property rights are transferred or further usage rights to intellectual property are granted. All rights to OPAN®, to the user interfaces, other platform components, and to the protected trademark "OPAN®" are exclusively owned by the operator.

Validity and Duration

These terms apply to all interactions by users with the OPAN® platform and are valid during use.

Final Provisions

These terms are subject exclusively to Swiss law. The exclusive place of jurisdiction for all disputes arising from these terms is Bern, Switzerland.