- Purpose
These General Terms and Conditions of Use (CGU) refer to the website www.groupemutuel.ch, as well as to all the platforms of Groupe Mutuel Services SA, Rue des Cèdres 5, 1919 Martigny, Switzerland (Groupe Mutuel), including GMnet and GMapp and the premium calculator. The protection of your personal data processed in relation to the platforms is governed by the Privacy Policy.
- Gender
For the sake of readability, only the masculine gender is used in the different platforms. However, it refers to both men and women.
- Copyright and intellectual property
The contents of Groupe Mutuel’s platforms are the intellectual property of Groupe Mutuel. They are protected by copyright and other intellectual property laws and agreements, subject to the rights of third parties. You must comply with these rights and you are not authorised to reproduce, transmit, publish or otherwise transfer, in whole or in part, the contents of Groupe Mutuel’s platforms, to modify or to use them for any public or commercial purpose, unless expressly indicated or provided for by the features of Groupe Mutuel's platforms. You are not allowed to breach any intellectual property rights, copyrights or other proprietary rights. You are not granted any rights, in particular with regard to company names, commercial protection rights such as patents, usage models or trademarks. Groupe Mutuel declines any obligation to grant such rights.
Therefore, you are allowed to share certain contents of Groupe Mutuel’s platforms via social networks such as Facebook, Twitter or LinkedIn, or via email, as long as the platforms of Groupe Mutuel contain dedicated buttons for this purpose (“social plug-ins”). Groupe Mutuel suggests that you check the Privacy Policy regarding data protection issues related to these features.
If you leave ideas or suggestions on the platforms, Groupe Mutuel has the right to use them free of charge for the development, improvement and sale of the products in its portfolio. Any suggestions or ideas will become the property of Groupe Mutuel.
- Obligations of the user
When using Groupe Mutuel’s platforms, you are not allowed to:
- offend public decency by the way you use the platforms;
- transmit any contents containing viruses (Trojan Horses) or any other programme that may damage software;
- introduce, save or send hyperlinks or objects for which you have no authorisation, in particular if these hyperlinks or objects violate privacy rights or are illegal;
- distribute unsolicited advertisements or emails ("spam") or irrelevant virus alerts, or to participate in gambling, snowball systems, chain letters, pyramids or any other similar action.
Groupe Mutuel reserves the right to block access to its platforms at any time, in particular if you breach your obligations under these terms and conditions.
- Responsibility of the user
As a user, you are responsible for your technical access to the platforms. Groupe Mutuel assumes no responsibility for the IT provider or for the hardware and software required to use the platforms.
Although Groupe Mutuel will take the necessary technical and organisational measures to secure the data made available to you, insufficient security measures on your devices may result in unauthorised access to your data. It is not excluded that a third party may access your devices without being identified when you connect to the platforms. Groupe Mutuel therefore recommends that you equip your devices with up-to-date protection software and protect them with a password when using a WLAN. It is also not recommended to identify yourself on the platforms via a public WLAN. The end device (computer, telephone, mobile, etc.) and/or the network you use are outside the control of Groupe Mutuel and may constitute a weak point. As a user, you accept the related risks. It is your responsibility to find out exactly what safety devices are required, which should be up to date, and to take the appropriate protection measures.
The login, password and authentication code used to connect to the platforms must be kept secret and protected against misuse by unauthorised persons. Although Groupe Mutuel takes appropriate organisational and technical measures in accordance with the law to protect your data from unauthorised handling, you are responsible for all consequences resulting from the misuse of its authentication keys by unauthorised persons, except in the event of gross negligence on the part of Groupe Mutuel. If there is reason to assume that unauthorised third parties are familiar with these authentication keys, you must change them immediately.
When you download documents from Groupe Mutuel’s platforms on to your own devices, you must ensure the security of the data they contain. Groupe Mutuel declines all responsibility as soon as a document leaves the computer systems of Groupe Mutuel or of one of its service providers.
- Security
When becoming aware of a security risk, Groupe Mutuel reserves the right, at any time and without notice, to suspend its platforms. It assumes no responsibility for any resulting damages.
- Disclaimer of guarantee
Groupe Mutuel strives to ensure that the information published on its platforms is reliable, accurate and comprehensive. However, Groupe Mutuel does not guarantee the accuracy, comprehensiveness or appropriateness of the said information for any purpose whatsoever. This information is subject to change at any time without notice. The information is made available for information purposes only and should under no circumstances be interpreted as constituting insurance or legal advice or any other form of advice binding Groupe Mutuel. You are advised to seek professional advice before making any insurance-related decisions.
- Disclaimer of liability
Subject to the applicable law, Groupe Mutuel, as well as its members, directors, employees, subcontractors and auxiliary personnel, excludes any liability for your losses or damages of any kind whatsoever, in relation to accessing Groupe Mutuel's platforms and using their contents.
Groupe Mutuel is not liable for any direct or indirect damage caused to you by transmission errors, technical defects, disruptions, breakdowns, network overload, interruptions or any other technical error, subject to gross negligence.
Nor is Groupe Mutuel liable for any direct and indirect damage resulting from failure of the account user to comply with contractual obligations.
Under no circumstances shall Groupe Mutuel be held liable for any direct or indirect damage, in particular loss of revenue or damage to reputation.
- Third party websites
Groupe Mutuel’s platforms may contain links to other websites monitored or made available by third parties. Groupe Mutuel offers no guarantee with regard to the information or material made available on these websites. By linking a third party’s website to its own platforms, Groupe Mutuel does not assume or accept any liability for the products or services offered through this website.
- Applicable law and jurisdiction
The CGU and the use of Groupe Mutuel’s platforms are subject to substantive Swiss law, excluding any principles of conflict of law, subject to binding law. Any dispute relating to Groupe Mutuel's platforms or arising from their use shall be submitted to the exclusive jurisdiction of the competent courts in Martigny, subject to a possible binding jurisdiction.