Terms of Use
Last Updated: February 2025
Scope and Acceptance
These Terms of Use govern the use of the serenistygars website and care services. By accessing our website or using our care services, you agree to these terms.
serenistygars is a licensed senior care home based in Zurich, Switzerland. Our services include personalised senior care, specialised dementia care, and transitional care after hospital stays.
Provider: serenistygars
Address: Seestrasse 45, 8002 Zurich, Switzerland
Contact: [email protected] | +41 44 387 62 94
1. Definitions
"Care Services"
include all nursing services, medical services, and care programs for seniors offered by serenistygars.
"User"
refers to any person who visits our website or uses our care services.
"Resident"
are individuals who live in our care home and use our long-term care services.
"Relatives"
include family members, legal representatives, and other authorised persons of residents.
"Website"
refers to all web pages, content, and services under the serenistygars domain.
"Agreement"
refers to all written agreements between serenistygars and residents or their relatives.
2. Use of Care Services
2.1 Prerequisites
- Residents must be at least 65 years old or have a demonstrated need for care.
- A comprehensive health assessment is required before admission.
- All required medical documents must be complete.
- Valid proof of insurance must be provided.
- Consent for care must be given in writing.
2.2 Care Agreement
- All care services are provided based on a written agreement.
- The care plan is created individually and reviewed regularly.
- Changes to the care plan require written consent.
- Costs are based on the agreed scope of care.
- Payment terms are specified in the care agreement.
2.3 Rights and Obligations of Residents
Rights:
- • Dignified and respectful treatment
- • Self-determination in decisions
- • Privacy and confidentiality
- • Quality medical care
- • Visiting rights for relatives
Obligations:
- • Cooperative collaboration in care
- • Timely payment of care costs
- • Respectful interaction with staff and fellow residents
- • Adherence to the house rules
- • Full disclosure of health information
3. Use of the Website
3.1 Permitted Use
The website is for information about our care services and for making contact. You may use the website for the following purposes:
- Gathering information about our care services
- Contacting us for consultations and inquiries
- Arranging viewing appointments
- Providing reviews and feedback on our services
3.2 Prohibited Activities
Technical Prohibitions:
- • Unauthorised access to servers or databases
- • Introduction of malware or viruses
- • Overloading servers with automated requests
- • Circumvention of security measures
- • Reverse engineering or decompiling
Content Prohibitions:
- • Dissemination of offensive or defamatory content
- • Infringement of third-party rights
- • Spam or unsolicited advertising
- • False or misleading information
- • Use for commercial purposes without permission
4. Copyright and Intellectual Property
4.1 Property of serenistygars
All content on our website, including text, images, graphics, logos, and software, is the property of serenistygars or our licensors and is protected by copyright.
- The logo and name "serenistygars" are trademarks of serenistygars.
- Care concepts and methods are our intellectual property.
- Photos and videos of our facilities may not be used without permission.
- Care documentation and forms are protected by copyright.
4.2 Usage Rights
We grant you a limited, non-transferable license to use our website for personal, non-commercial purposes.
- • Personal use of the website
- • Printing for your own records
- • Sharing links to our website
- • Commercial use without permission
- • Reproduction of content
- • Use for competing services
5. Disclaimer and Warranty
5.1 Care Services
Important Notice: Medical outcomes cannot be guaranteed. We provide our care services to the best of our knowledge and belief in accordance with current professional standards.
- We guarantee professional care according to current standards.
- Successful medical treatment outcomes cannot be guaranteed.
- Liability is limited to gross negligence and wilful misconduct.
- Deterioration in health due to the natural ageing process is not relevant to liability.
- In case of emergencies, professional help will be organised immediately.
5.2 Website and Technical Services
- The website is provided "as is" without warranty.
- We do not guarantee uninterrupted availability.
- Technical disruptions may occur temporarily.
- External links lead to third-party websites for whose content we are not responsible.
- Liability for indirect damages is excluded.
5.3 Limitation of Liability
| Type of Damage | Liability | Limitation |
|---|---|---|
| Intent and gross negligence | Unlimited | No limitation |
| Simple negligence | Limited | Annual care costs |
| Indirect damages | Excluded | Full exclusion |
| Website use | Excluded | To the extent legally permissible |
6. Termination of Care
6.1 Ordinary Termination
- Notice Period: 3 months to the end of the month
- Form: Written termination required
- Mutual: Both residents and serenistygars can terminate
- Transition Period: Assistance in finding alternatives
6.2 Extraordinary Termination
Immediate termination is possible in the following cases:
- • Repeated violations of house rules
- • Aggressive or endangering behaviour
- • Payment arrears of more than two months
- • Medical requirements that we cannot meet
- • Serious breaches of agreements
Consequences of Termination
Billing up to the last day of care, refund of advance payments
Handover of medical records, transfer to new care provider
Return of all personal belongings and valuables
7. Dispute Resolution and Applicable Law
7.1 Out-of-Court Dispute Resolution
In case of disagreements or complaints, we first aim for an out-of-court solution:
1. Direct Discussion
Immediate clarification with the responsible staff or management
2. Mediation
Involvement of a neutral mediator for more complex conflicts
3. Arbitration
Arbitration as an alternative to ordinary courts
7.2 Applicable Law and Jurisdiction
Applicable Law:
- • Swiss Law
- • Code of Obligations (OR)
- • Data Protection Act (DSG)
- • Medical Professions Act (MedBG)
- • Cantonal nursing home legislation
Jurisdiction:
- • Courts of the Canton of Zurich
- • For consumers: Right to choose the court of residence
- • For international cases: Zurich
- • Language: German
7.3 Ombudsman's Office
Additionally, you can turn to independent bodies with complaints:
Phone: +41 44 412 70 00
Email: [email protected]
Data Protection Commissioner of the Canton of Zurich
For data protection concerns
Phone: +41 43 259 39 99
8. Final Provisions
8.1 Changes to the Terms of Use
We reserve the right to change these Terms of Use if necessary. In case of significant changes, we will inform you at least 30 days in advance:
- Written notification for ongoing care relationships
- Publication on our website
- Notice of the right to object to significant changes
- The current version is always available on our website
8.2 Severability Clause
Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
8.3 Entire Agreement
These Terms of Use, together with the individual care agreement, constitute the entire agreement between you and serenistygars. Oral collateral agreements do not exist.
Contact and Legal Inquiries
General Inquiries
Phone
+41 44 387 62 94
Mailing Address
serenistygars
Legal Department
Seestrasse 45
8002 Zurich
Further Information
Business Hours:
Monday - Friday: 8:00 AM - 6:00 PM
Saturday: 9:00 AM - 4:00 PM
Emergencies: 24/7