Terms of Use

Disclaimer

MSD Merck Sharp & Dohme AG
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6005 Lucerne
Tel: +41 (0)58 630 30 30
Email: info.switzerland@merck.com
Copyright © MSD Merck Sharp & Dohme AG

Terms of Use

MSD Merck Sharp & Dohme AG ("MSD") is a Swiss subsidiary of Merck & Co., Inc., Kenilworth, NJ, USA. MSD, Merck & Co., Inc., Kenilworth, NJ, USA and the other affiliated companies are a globally operating pharmaceutical corporation

myDialog: iBDialog monthly and myPH

myDialog comprises the services iBDialog monthly and myPH, which are summarized in the following under myDialog. iBDialog monthly is for patients with chronic inflammatory bowel diseases. myPH is for patients with pulmonary hypertension. myDialog consists of a website and an app. The website is accessible to medical professionals, the app to patients. myDialog supports the regular exchange of information between medical professionals and patients on the course of the disease and medication. myDialog helps with the documentation and evaluation of health-related data that can be important for the monitoring and success of therapy. You can be sent reminders to complete your monthly questionnaire by email. You can be contacted by
email as part of a survey on the user-friendliness of the offer.

Acceptance of these Terms of Use

To use myDialog, you must agree to these Terms of Use. By ticking the box, you accept these Terms of Use in accordance with the following provisions.

Scope

As a medical specialist, you undertake to provide your services exclusively in Switzerland.

Granting of access

To access myDialog, you must authenticate yourself. The authentication of medical professionals is performed via the Internet according to the latest technical standards. As a patient, authentication takes place via the smartphone on which you have installed the app.

You are obliged to keep the authentication characteristics secret, to protect them from unauthorized access and to carefully secure your access to myDialog. MSD will never ask you by email or phone for your authentication details. MSD itself does not know your authentication characteristics and has no access to them.
MSD supports the enforcement authorities and executes court orders which require MSD to disclose the identity of a person who may have committed criminal offences in connection with myDialog. You are obliged to inform MSD immediately if there are indications that an account has been or is being misused by third parties.

Availability of myDialog, Update and Support

We neither guarantee that myDialog is free of faults and errors, nor that myDialog is always available. You are obliged to always install the available updates of the app.
In case of malfunctions or if you need assistance with the use of myDialog, you can contact us at info@msd-myph.ch or info@msd-ibdialog.ch

Availability of data

We do not guarantee that the data will always be available via myDialog. The healthcare professional himself/herself is responsible for exporting the data he/she needs to his/her own system.

Technical requirements

To use myDialog as a medical specialist you need Internet access with a current browser version. As a patient you need an iPhone with the latest iOS version or a smartphone with the latest Android version.

Correctness of your own entries

You are responsible for the correctness of the information you enter via myDialog.

Consent to data processing

When you register to use myDialog, you will be asked for your separate consent to process your personal data. By ticking the box, you expressly consent to the processing of your data in accordance with the privacy policy (see below).

Intellectual property and other rights

MSD is the owner and provider of myDialog. All trademarks, names, titles, logos, images, designs, texts, copyrights (including software), know-how, processes and other materials used in myDialog belong to MSD or an affiliated company or a contractual partner thereof. You are granted the right to use myDialog exclusively for your own purposes and for the purpose of providing your services in the medical field. The (complete or partial) reproduction, linking or use for other purposes of myDialog and the information contained therein is prohibited without the prior written consent of MSD.

Disclaimer of warranty for medical information, forms, data, etc.

The information, forms, etc. of myDialog are based on the information available at the time of their preparation for the documentation and evaluation of health-related data. As the state of the art and medical science are constantly changing due to research and new scientific findings, MSD does not guarantee the completeness, accuracy and actuality of the technical or medical information. The use and application of myDialog and the information are your own responsibility.

The App is not a therapeutic recommendation and cannot replace an independent and complete analysis, evaluation, diagnosis, risk assessment, treatment or other medical activity by a healthcare professional. Likewise, the patient app can under no circumstances replace a personal consultation with his/her healthcare professional. The app is by no means to be understood as a guide to self-medication. Questions should be directed to your physician or to your other health care professional. MSD does not offer any medical activities or advice whatsoever with the functionalities of myDialog.

General disclaimer of warranties

MSD neither warrants that myDialog is free of defects, complete or reliable, nor that the information and data contained in myDialog are correct or do not infringe the rights of third parties. In particular, MSD does not guarantee that no data will be lost and that data can always be entered or transmitted. Erroneously incorrect information, printing errors and technical inaccuracies can also not be excluded. MSD also assumes no responsibility and liability for damage to your equipment (e.g. caused by viruses) resulting from your access to or the use of myDialog.

Disclaimer of warranty

Any liability on the part of MSD is excluded to the extent permitted by law.

Links to other websites

myDialog may contain links to other websites. MSD accepts no liability for the content of third-party websites to which myDialog refers. Such websites are subject to their own terms of use, which can be listed and accessed on the respective websites.

Notification of adverse events

If, in the course of using myDialog, an adverse event or a quality defect occur with respect to drugs or medical devices marketed by MSD, or if an incident in combination with a medical device marketed by MSD that could have led to a serious event becomes known to the healthcare professional, this healthcare professional is obliged to inform MSD within one (1) working day or three (3) calendar days from the date of discovery, whichever time period is the shorter. The notification of adverse events and quality defects is to be made by email to switzerland.pharmacovigilance@merck.com.

Confidentiality

You are obliged to keep confidential all information that comes to your knowledge in connection with the use of myDialog, in particular business and company secrets, data and other know-how (hereinafter referred to as "confidential information"). You may not disclose such confidential information to any third party without prior written consent. The confidential information may also be protected by professional and medical secrecy.

Notice, termination

You are entitled to terminate the use of myDialog at any time; MSD is entitled to terminate the use of myDialog with a notice period of 60 days to the end of a calendar month.

Violation of these Terms of Use or rights of third parties; Indemnification

MSD his entitled to take legal action against violations of these Terms of Use by you. In particular, MSD reserves the right to block or delete your access to myDialog. MSD also reserves the right to delete your data insofar as these violate applicable law or the rights of third parties. If your breach or infringement of the rights of third parties causes damage to third parties, you are obliged to fully indemnify MSD, in particular against any financial loss, damage to property and costs and against any legal claims and actions.

Applicable law and place of jurisdiction

These Terms of Use shall be governed by Swiss Law to the exclusion of conflict of laws. The exclusive place of jurisdiction shall be the registered office of MSD.

MyPH Platform & App: CARD-1256407-0001, Date: July 2018; iBDialog Platform & App: GAST-1213352-0015 November 2017
© MSD Merck Sharp & Dohme AG, Lucerne, Switzerland. All rights reserved.