OVERVIEW

This website is operated by Nicollier-Schlegel SARL. Throughout the site, the terms “we”, “us” and “our” refer to Nicollier-Schlegel SARL. Nicollier-Schlegel SARL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to our website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS FOR ORDERING AND RECEIVING OUR PRODUCTS AND SERVICES, INCLUDING ONLINE A-ECG RESEARCH REPORTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  If required by the laws of your local jurisdiction, you also represent that you are appropriately licensed to perform 12-lead ECG tests within the laws of your local jurisdiction and/or other relevant governing body. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You will request Advanced ECG (A-ECG) Reports for research purposes only, not for the treatment, cure, prevention or diagnosis of any medical condition.

You will not substitute the results of A-ECG Reports for the medical attention and guidance of a locally licensed healthcare provider.

You acknowledge that although A-ECG Reports are generated remotely and noninvasively by applying advanced software-based analyses to digitally stored 12-lead ECG data files, that the Reports' specific combination of secondary software-based A-ECG analyses has not been reviewed by the medical regulatory agency of your home country. All material on this site, including all information within A-ECG Reports and/or in any conventional ECG and/or vectorcardiographic (VCG) report generated by us, is thus provided for general information and/or research purposes only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided by this site, including within any A-ECG Report or conventional ECG or vectorcardiographic (VCG) report, is at your own risk, and no claims are put forward with respect to the accuracy of our software or of any type of ECG, VCG or A-ECG Report provided by us.  

You acknowledge that the presence of excessive noise within your uploaded ECG file, or an incompatible or unknown storage format, or a missing lead, or a lead reversal, or an incorrect electrode placement, or of several other potential conventional ECG conditions (as outlined in this website's FAQ sections) can often lead to an inability to generate a methodologically satisfactory A-ECG Report or conventional ECG or VCG report. Any of these factors, when present, will often necessitate rejection of your uploaded ECG file(s), possibly requiring a new ECG data file, the collection for which any associated costs will be bourne by you, not by Nicollier-Schlegel SARL.

You acknowledge that if you upload excessive numbers of incompatible or noisy or otherwise inappropriate files, or in any way misuse or abuse this site or its intended purpose, that your account will be subject to termination without notice. You will not transmit any worms or viruses or any code of a destructive nature.  

You agree to not use A-ECG results as justification for ordering or seeking unnecessary medical tests, or as justification for ordering or seeking unnecessary pharmaceutical or other therapies.

You agree that Swiss law is the governing law that applies to all of your interactions with this website, to all data, reports and other materials stored upon it, and to all user interactions with this site's owner, Nicollier-Schlegel SARL, a company incorporated in Switzerland and located therein. You agree that you yourself, and not Nicollier-Schlegel SARL nor any of its affiliated personnel, are responsible for abiding by any non-Swiss law, local to yourself, that might prohibit you from interacting with this site in any way.  

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our A-ECG Reports. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policies below.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy, featured elsewhere on our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, cantonal or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nicollier-Schlegel SARL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. To the extent that any relevant jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in that relevant jurisdiction. (See also SECTION 18 - GOVERNING LAW, below).

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nicollier-Schlegel SARL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland at our corporate location: Route de Gingins 5, 1270 Trelex,  Switzerland (Canton of Vaud).

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - REFUND POLICIES

Refunds on A-ECG and other online Research Reports:

If you upload an ECG data file and pre-pay for an A-ECG Report (and/or for any other report you request for your file, such as a new conventional 12-lead ECG tracing, etc), but we are ultimately not able to produce such a report (or reports) for you for any reason (e.g., because of incompatible format, excessive noise, lead reversal(s), missing lead(s), presence of an exclusionary ECG condition such as complete bundle branch block, tachycardia, etc), then we will immediately refund the amount that you paid, back to your credit card, or to whatever other elevant payment mechanism (PayPal, etc) you used, as soon as we learn that we are not able to produce the report(s). At the same time, we will also notify you by email of our inability to generate a report (or reports) for that (or those) given affected file(s). While such credit will automatically be applied to your credit card or other original method of payment as soon as we discover our inability to generate a report, note that the actual crediting may take a certain amount of days, depending on the exact policies and procedures of the company whose payment method you used.

Refunds on high-fidelity 12-lead ECG equipment:

Refunds for purchased high-fidelity 12-lead ECG equipment are applicable for 30 days after delivery. If 30 days have gone by since you received your purchase, we unfortunately cannot offer you a refund or exchange.

To be eligible for a return within 30 days of receipt, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we'll also require a receipt or proof of purchase.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed.

Please do not send your purchase back to the original equipment manufacturer.

Late or missing refunds (if applicable):

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us via our CONTACT form.

Sale items (if/when applicable):

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges on high-fidelity 12-lead ECG equipment:

We'll only replace the equipment if it is defective or damaged upon receipt.  If you need to exchange it for the same item, send us an email via our CONTACT form and send your item to: Nicollier-Schlegel SARL, Route de Gingins 5, 1270 Trelex, Switzerland.

Shipping:

To return your product, you should mail your product to: Nicollier-Schlegel SARL, Route de Gingins 5, 1270 Trelex, Switzerland.

You will be responsible for paying for your own shipping costs for returning your item. These shipping costs are non-refundable. Note that for exchanges, the time that it will take for your exchanged product to reach you will vary with where you practice and/or live. When sending any item back to us, strongly consider using a trackable shipping service or purchasing shipping insurance, as we of course cannot guarantee that we will receive your returned item, and we cannot provide any refund or exchange for any item we do not receive. 

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service or Refund Policies should be directed to us via the CONTACT form at aecg.ch