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Terms of Use

As of: March 12, 2020

Subject
These Terms of Use apply to the use of Olly, a range of apps and services from Migros Digital Solutions AG in Switzerland. By using Olly, the user (hereinafter the “User”) expressly confirms that he/she has read and understood these Terms of Use, and is in agreement with them.

Range of Apps and Services
Olly is made available to the User free of charge.

Olly does not provide any medical diagnosis. All contents are for information purposes only and do not represent any qualified medical statements. Olly is, in particular, not suitable for use in medical emergencies.

Olly is a test app that is in the development phase.

Migros Digital Solutions AG shall endeavor at all times to ensure the high availability and reliability of Olly. Migros Digital Solutions AG cannot, however, guarantee that Olly or individual functions of Olly will be available continuously, at all times and/or in their entirety. Migros Digital Solutions AG reserves the right only to make Olly available for selected operating systems and certain versions.

The User does not have a right to use Olly. Migros Digital Solutions AG may discontinue Olly or preclude the User from using it at any time without providing reasons. Migros Digital Solutions AG may modify Olly at any time without providing reasons, particularly with respect to functions potentially subject to a fee and/or with respect to compliance by the User with certain requirements.

Requirements for Use
Olly is intended exclusively for adults. Minors may only use Olly if their parents or guardians have consented to such use.

Registration as a User with a user account, specifying a user name and valid e-mail address, and an Internet connection and suitable hardware (e.g. smartphone), may be necessary for the use of all functions. The User bears sole responsibility for the accuracy of the information provided. All information provided must be truthful.

For the User’s own content that the User shares with Olly and that is protected by intellectual property rights (e.g. photos), the User expressly grants Migros Digital Solutions AG, subject to mandatory statutory provisions, a free, sublicensable, non-exclusive and worldwide license to use such content in connection with Olly. Migros Digital Solutions AG reserves the right to remove any unlawful or indecent content of the User.

Copyright
Olly, its underlying software and database and other contents are protected by copyright or other laws. Making Olly available within the framework of these Terms of Use does not constitute a waiver of such copyright.

Services of Third-Party Providers
The offerings of Migros Digital Solutions AG are accessed in part through app stores and the related infrastructure such as, for example, the Apple App Store and the Google Play Store. Any such app stores are used by Users independently of Migros Digital Solutions AG and the terms of use of the respective app store apply accordingly.

Olly may refer the User to selected cooperation partners (e.g. doctors, health insurers) within and outside the app. The contract between this partner and the respective User shall be formed directly between the partner and the User. Migros Digital Solutions AG acts in this regard exclusively as a facilitator and service provider for the partner and the User but is not itself a party to the contract. Users acknowledge and accept that for their contract with the partner, the general terms and conditions of the partner and a separate privacy statement of the partner may apply, for which the partner is solely responsible.

Liability
Subject to mandatory statutory provisions, Migros Digital Solutions AG accepts no liability for direct or indirect loss or damage arising from the use of or in connection with Olly. Any liability claims against Migros Digital Solutions AG for loss or damage of a tangible or intangible nature incurred as a result of access to or the use or non-use of the published information, misuse of the connection, or as a result of technical problems, are expressly excluded.

The User expressly releases Migros Digital Solutions AG from all liability in the event of any breach of these Terms of Use as well as in the event of any violation of rights and corresponding claims by third parties, and shall be fully liable to Migros Digital Solutions AG for damages.

Disclaimer with respect to Links
Olly may contain external links and links to websites that are not operated by Migros Digital Solutions AG. Any such external links are provided solely for reasons of user-friendliness. Olly has no influence over their contents; the operators of the linked sites are solely responsible for their contents. Olly neither assumes responsibility for the contents of such websites, nor does it appropriate these websites and the contents of third parties. Olly does not assume any obligation to monitor the linked information. Furthermore, Olly assumes no liability for information, legal and organizational circumstances, contents or promises on linked offers. Access to and use of such websites by Users shall be at their own risk.

Amendments
Migros Digital Solutions AG may amend the Terms of Use at any time. The User will be notified of any such amendments in an appropriate manner. The User may discontinue use of Olly at any time. By continuing to use Olly after notification of amendments to these Terms of Use, the User expressly accepts such amendments.

Severability Clause
If individual provisions of these Terms of Use are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the event of any such invalidity, the invalid provision shall be replaced by the statutory provision.

Applicable Law and Place of Jurisdiction
Subject to mandatory statutory provisions, the use of Olly shall be governed exclusively by Swiss substantive law (with the exception of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (the “Vienna Convention”)), with the City of Zurich (Switzerland) being the exclusive place of jurisdiction.