General Terms and Conditions (GTCs)

of my-med-24 GmbH & Co. KG for the registered delivery of medical and health-related services

 

Preamble

 

(1)             Hospitals, clinics, physicians, dentists, veterinarians, rehabilitation facilities, physiotherapists, laboratories, pharmacists and other medical service providers in medical professions (called hereinafter “partner”) may become customers through the registration on the online portal of my-med-24 GmbH & Co. KG (called hereinafter “my-med-24”) and use their service offers by paying a fee and displaying the respective services in an individual form to a broader public, provide information to potential patients and customer, contacting the respective partners, to book appointments and to use the displayed services. For the contractual relationship between the registered partners and my-med-24 solely the following General Terms and Conditions (GTCs) apply, which can be viewed under ”my-med-24.com/agb”.

(2)             For actual and potential patients and other customers of the partners (all of them are called hereinafter “patients”) the use of the online portal of my-med-24 in its actual extent is basically free of charge. If they would like a certain offer by the partners (such as treatment recommendations or second opinions) it is fee-based and requires a previous registration of the patient on the online portal of my-med-24. For the legal and contractual relationship between patients and my-med-24 not these “GTCs” apply, but only the “General Conditions for patients and other customers of my-med-24 GmbH & Co. KG”, which can be viewed on the online portal of my-med-24 under “my-med-24.com/agb.

 

Article 1      Scope of Application

 

(1)             These “GTCs“ stipulate the contractual relationship between my-med-24 and the respective partners in the sense of section 1 of the preamble with respect to all present and future offers of my-med-24 and of the concerned partners used services fee-based and free of charge (called hereinafter in short “the contractual relationship”). Conflicting terms and conditions of the partner are not part of this contract – this also applies if my-med-24 does not expressly object their inclusion in the contract and performs the contract.

(2)             On the online portal in the section partner, of my-med-24, only partners in the sense of section 1 of the preamble can register and provide one or more services upon conclusion of a contract. With his/her registration on the online portal of my-med-24, the partner ensures to belong to one of the occupation groups listed under section 1 of the preamble and only would like to offer profession-related services that he/she is offering in pursuance of his/her commercial or freelance occupation. The contract between my-med-24 and the partner is only established once the email is received, in which my-med-24 includes the authorization link in order to activate his/her account (see below section 2 paragraph 1 and 3). my-med-24 reserves the right to decline offers for conclusion of the contract without providing any reason in individual cases, i.e. because the partner does not offer medical services or does not provide such offers in his/her institution or if he/she would like to display services, which do not correspond with the previously stated occupation.

 

Article 2      Contract conclusion, contract content, invoices, default

(1)             The contract between the partner and my-med-24 is concluded, (a) when the partner registers on the online portal of my-med-24 and my-med-24 sends him/her an email with an authorization link in order to activate his/her account (“online contract conclusion”), or (b) by concluding a written subscription agreement between the partner and my-med-24 (“written contract conclusion”).

(2)             Object of the contractual relationship is the fee-based use of one or more services offered by my-med-24 in the frame of its online portal. These service offers and prices (a) are listed under “services” and “shopping cart” of the online portal, as well as (b) in the case of a conclusion of a written subscription agreement in annex 1 (“range of service of my-med-24”) of this subscription agreement described (“service description”). The service description with the list of prices in the respective valid version at the time of the contract offer of the partner is part of the contractual agreement.

(3)             Online contract conclusion: The partner is obliged to fill out the registration mask completely and state a contact person by name to my-med-24. Only persons can be named, who are authorized in the frame of the contractual relationship to enter legal transactions and deliver and receive letters of intent for the partner. The partner is liable for the behavior of the contact person as well as for his/her own. The registering person is obliged, to only register a partner, (a) if he/she himself/herself practices medicine or pursues a paramedical profession or if he/she was authorized by the institute providing such services and (b) the contract conclusion with my-med-24 is only in acting in his/her commercial capacity or as a freelance professional when exercising the occupational or commercial activity in the sense of Article 14 German Civil Code or in exercising the respective tasks for the institution. The partner and if applicable his/her contact person are obliged to provide the correct and complete requested data and addresses, and ensure as well, that the voluntarily provided information must be kept up to date. They are also obligated to ensure that their provided information does not infringe any third party rights, because i.e. personal data or other data of a third party is used without their consent. For the case that the data or circumstances of the partner change, the partner is obligated to immediately correct and update the information provided on my-med-24 and/or their online portal in the section “my profile”. By clicking the button “subscribe” the partner provides my-med-24 an offer for the conclusion of a subscription agreement and/or a contract about the provision of services offered by my-med-24. If my-med-24 agrees to the offer of the partner, if applicable after necessary checks are made and there is no reason to object, the partner receives a notice of acceptance of the agreement from my-med-24 sent to the email address stated on the registration form with authorization link for the activation of the account on the online portal. Afterwards, the partner receives a second email from my-med-24 with which his/her subscription agreement is confirmed and the “GTCs” and the “notes and agreements on data protection”, which were already agreed to beforehand by actively agreeing, and the invoice regarding the contractual services offered by my-med-24 as PDF for your records and for printing.

(4)             Written contract conclusions: Written contract conclusions about the offered services on the online portal of my-med-24 take place by signing the subscription agreement including annexes 1-4 by the partner and my-med-24. After contract conclusion the partner receives an email to the stated email address on the “registration form” (annex 4) with an authorization link for the activation of his/her account. Afterwards the partner receives a second email from my-med-24, with which he/she again confirms the subscription agreement and the “GTCs” and “notes and agreements on data protection”, which were already agreed to beforehand by actively agreeing, and the invoice regarding the contractual services offered by my-med-24 as PDF for your records and for printing.

(5)             The prices stated in the areas "range of services " and ”shopping cart“ on the online portal and in annex 1 (“range of services of my-med-24”) for the respective written subscription agreement for the services offered by my-med-24 are net prices, the statutory VAT (currently 19%) is to be added. my-med-24 provides the partner with a proper invoice with a separate VAT amount. The owed amount for the chosen service offer is to be paid in advance, immediately and without deduction upon receipt of the invoice. All bank fees are to be paid by the partners.

(6)             If the partner is late with the payment in accordance with section 5 of the due amount, my-med-24 is entitled to not provide the services agreed to in the contract (restriction of particularly information, data, displays and notes of the partners on the online portal) until the amount due is paid. All other contractual and legal rights of my-med-24 due to a delay in payment of the partner (including the right of termination according to Article 4 section 3 lit. a) these “GTCs” remain untouched from this right to refuse services and all rights to refuse services.

 

Article 3      Changes in the services and prices, changes of these GTCs

 

(1)             Unless not otherwise expressly agreed with the parties, the contractual relationship between the partners is based on the same contents and at the price, which was stated in the respective written subscription agreement and was chosen by the partner at the time of the contract offer of the partners in the areas “range of services” and “shopping cart” of the online portal or in annex 1 (“range of services of my-med-24”). My-med-24 however, reserves the right to change, adapt or differently design the extent and the content of its services as long as the services generally remain and the price remain the same.

(2)             Beyond section 1, my-med-24 is only entitled to change, adapt or differently design the extent and the content of its services, if it is required due to technical, legal, or economic reasons (i.e. because relevant search engines change their functions, changes in the data protection regulations or cooperation partners dropped out). The changes must be reasonable while considering mutual interests.

(3)             my-med-24 is only allowed to change the price, if it is required due to technical, legal, or economic reasons and the partner is informed 2 months prior to the effect of the price change. In the case that the price change exceeds 20%, the partner is entitled to an extraordinary termination. The written cancellation must be received at the latest one month prior to the price change coming into effect. Article 4 sub-section 2 sentence 1 and 2 are respectively valid.

(4)             my-med-24 is entitled to offer the partner the amendment of these “GTCs“ at any time and without statement of reasons with a period of at least 6 weeks and the introduction of additional conditions via email. This also applies, if the contract was concluded in writing Article 2 sub-section 4). The agreement of the partners to the offer of my-med-24 is considered given, if there is no objection received (e.g. by email) or in writing two weeks prior to the suggested time of effectiveness. my-med-24 separately indicates this option of objection, the time period and the consequence of inactivity in the amendment offer. If the partner agrees to the terms, the contractual relationship will be based on the changed “GTCs”. If it is not agreed to the amendment, my-med-24 has the right to end the contract with a one-month period to the end of the month, in case the suggested amendment or addition is within reason and considering the partner’s interests.

 

Article 4      Term of contract, cancellation

 

(1)             If (a) in the case of an online contract conclusion (Article 2 sub-section 3) the „service description“ with the prices (see Article 2 sub-section 2) in the respective valid version does not entail expressive opposite information at the time of contract offer of the partner or (b) in the case of a written contract conclusion (Article 2 sub-section 4) annex 1 (“Range of Services of my-med-24“), the contract lasts for a fixed term of one year (a) in the case of an online contract conclusion (see Article 2 sub-section 3) as of the time of the receipt of the email with authorization link for the activation of his/her account on the online portal of my-med-24 by the partner or (b) in the case of a written contract conclusion (see Article 2 sub-section 4) as of the time of the signed written subscription agreement by the last of both contract partners. The contractual relationship cannot be properly terminated by either party during this fixed term.

(2)             The contractual relationship may be terminated properly for the first time at the end of the one-year fixed term with a one-month termination notice as mentioned in sub-section 1 by registered mail sent to the recipient of the contract termination to the last address known to the contract partner. The date on which the notification of the contract termination is received by the recipient of the contract termination shall determine whether the above mentioned notice period has been met. If the contract is not terminated in due time, it automatically extends by one year, without the requirement of another consent of one of the two contract parties.

(3)             The right of both contract parties to extraordinary termination of the contract due to important reasons remains untouched thereof. An extraordinary termination right for my-med-24 is given if,

(a)             The partner does not pay the owed amount to my-med-24 even after adequate deadline;

(b)             my-med-24 is not able to provide the services agreed to with the partners due to technical, economic, legal or political reasons, or if it can be no longer expected of my-med-24 to provide the agreed to services.

A reason for extraordinary termination for both contract partners is given, if the other contract partner significantly infringes the contract and if it cannot be fixed within 2 weeks after the receipt of a written warning.

 

Article 5      Service offers and responsibilities of my-med-24

 

(1)             my-med-24 offers its services with the content, to the extent and at the price, that are listed in the “service description”, i.e. (a) in the case of an online contract conclusion in the sections “range of services” and “shopping cart” of the online portal, as well as (b) in the case of a written contract conclusion in annex 1 “range of services of my-med-24”). The offers are provided to the current technical, legal, and economic frame conditions of the data movement on the internet. The partner knows and accepts that the possibilities and the quality of the data movement on the internet is dependent on these framework conditions and that my-med-24 has no influence on that and is therefore not liable. Impairment of the quality of the data movement on the internet, which my-med-24 is not liable for as mentioned in the previous sentences, have no impact on the payment claim of my-med-24. If such impairments lead to the point, when my-med-24 is not able to fully or partially provide the agreed to services for a significant amount of time, the partner has the right to extraordinarily terminate the contract with a one-week period to the end of every calendar month. The termination shall meet the requirements stated in Article 4 sub-section 2 sentence 1 and 2 of the stipulated requirements. Further rights of the partner due to impairments are excluded.

(2)             If my-med-24 does not provide the contractually agreed services to the partner for reasons other than mentioned under section 1 or not in the manner agreed to in the contract, the partner may send a written complaint to my-med-24. If my-med-24 does not properly fulfil the contractually agreed services after an agreed to adequate period of time, without the presence or not-irrelevant extent of a violation of duties, participation duties and obligations by the partner, the partner has the right to reduce the agreed to amount for the time of the service interruption in the amount corresponding with the service interruption. If the partner provided my-med-24 with a grace period of at least one week for the elimination of the service interruption, and this grace period expired without a result, he/she has the additional right to extraordinary termination of the contract. The cancellation must meet the stipulations listed under Article 4 section 2, sentence 1 and 2. The partner is entitled to claims of damages or reimbursement of expenses, which were made in vain in accordance with Article 8 below.

 

Article 6      Obligations of the partner

 

(1)             The partner is responsible himself/herself for the creation and design of the information pursuant to the current “my-med-24 portal standards”, he/she agreed to in the contract regulating the service offers of my-med-24. The partner is obliged to ensure that his/her information is orthographically and grammatically correct and that the relevant applicable law is taken into consideration, particularly the respective regulations on professional practice and conduct, the copyright and trademark law, the competition rights, the data protection right, the telemedia rights and the penal law and does not cause a violation of third party rights. This also applies to all information, data, pictures and videos, as well as links to other websites and the respective related content. The partner is entitled to publish own articles, or studies within the news area of the online portal of my-med-24, if they were written by himself/herself, do not contain copies, the applicable law was abided by and no third party rights were infringed within the frame of the booked subscription package. If the partner provides information about a third party (i.e. his/her own employees), he/she must have the consent of the respective third party, stating that they agree to the publication and that all required data protection guidelines, copyright and other consents were given. my-med-24 is entitled to request proof from the partners in order to check the adherence to the above mentioned agreements at any time

(2)             It is the task and responsibility of the partner, to provide, maintain and protect through adequate professional measures of IT security, the necessary technical infrastructure (hardware, software, telecommunication, internal network, own website) for the participation on the internet till the offered services of my-med-24 and the contractually agreed services on his/her own cost. In order to avoid a loss of data, the partner is particularly obliged to make complete backup copies of all information and content, which he/she makes accessible on the online portal of my-med-24 on the own IT system in reasonable time intervals (i.e. at least once a day).

(3)             The partner is only allowed to use the service offers of my-med-24 in the framework of the specific contract, and has to ensure that the use of the offers or the proper operation of the online portal is not jeopardized and other partners, patients and users or networks are not affected (such as for instance through overly untargeted or improper use of malware, viruses, spam mails or something alike). The partner is prohibited to use the service offers of my-med-24 for the collection, processing or use of personal data of other partners, patients and users, if it does not take place to the contractually agreed extent and if not properly done. The partner is obliged to treat all personal data of other partners, patients and users confidential, as long as there is no consent for a non-confidential collection, processing or use available.

(4)             With the sending of the authorization link for the activation of the account via email, my-med-24 provides the partner with a partner profile for further processing with personal access information. The registration of the partner with personal access information, shall avoid the improper use of his/her profile on the online portal. The partner can view and change his/her personal access information at any time under “my profile” on the online portal. Changes should be made from time to time for safety reasons. The partner must ensure to not forward his/her personal access information to third parties and keep the information in a safe place. The partner is as responsible for the actions of the employees and external media partners like for his/her own behavior, if he/she provides his/her personal access information to employees of his/her own company or to external media partners for the purpose of processing the contractual information offer and for the use of services provides by my-med-24, other than stated under section 5 above.

(5)             The partner must immediately inform my-med-24, if a third party received access to his/her personal access information or is/was being used by them. my-med-24 is entitled to block the access to the service offers on his/her online portal if there is a reasonable suspicion that access data is being used by unauthorized third parties. my-med-24 will inform the partner thereof immediately. The partner will receive no access information by my-med-24, if he/she has not acted intentionally or in a grossly negligently manner.

 

Article 7      Information and data of the partner and of my-med-24

 

(1)             Information and data of the partner are possibly not protected by copyright, trademark and labelling laws in accordance with the legal stipulations and may not be used without the consent of the third party, including my-med-24 and other partners. The partner expresses however his/her consent to store, publish and make accessible to third parties the information and data, which he/she made available for his/her profile or in any other way published on the online portal of my-med-24 in the frame of the service offers including apps. As long as my-med-24 uses third parties for the intended delivery of the service offers, the partner consents to the storage, publication, and the access of his/her information and data by third parties as well as the access to it.

(2)             The partner usually consents pursuant to section 1 for a limited period of time. There is no right to the deletion of information and data entered into the profile or in any other way on the online portal of my-med-24 by the partner. The partner can however edit, change and delete the information and data provided on his/her profile under ”my profile” himself/herself on the online portal of my-med-24 during the term of contract; unless however he/she can prove that unreasonable disadvantages will be the result if the information is not deleted.

(3)             Information and data of my-med-24 or its employees are also to be handled in accordance with the legal stipulations, and are also protected by copyright, trademark right and labelling right and may not be used by a third party without the consent of my-med-24, including the partners. They remain the property of my-med-24, if my-med-24 publishes the information on the online portal or in the apps and allowed their use to a certain extent. A reproduction or other use of the information by third parties, including the partners is forbidden, if my-med-24 has not expressly agreed.

 

Article 8      Blocking of accesses, deletion of content, indemnification of my-med-24 in the case of a violation of third party rights or the indemnification from authorities and courts

 

(1)             In the event of non-irrelevant breaches of the obligations by the partner, particularly in the event of an unauthorized registration pursuant Article 1 section 2, as well as in the event of the breach of the applicable law with the information offer provided by the partner, (Article 6 section1) or a risk of disruption of the operation of the online portal or the authorized interests of other partners, patients, users or networks (Article 6 section 3), my-med-24 is authorized to deny the access of the partner to the online portal, and to block or delete content, information, and data in the frame of its online portal, deactivate accounts or delete them as well as other appropriate, reasonable measures for the protection against such violations of obligations and risks and its consequences. The authorization of my-med-24 is already given, in the case of a suspicion of a breach of such obligations or risks, as longs as the respective partner has not proven the legality of the questioned behavior or content. The relevant right to extraordinary termination without period of notice shall be determined based on Article 4 section 3.

(2)             Without prejudice to any other right, which my-med-24 will be entitled to, the partner obliges himself/herself to exempt my-med-24 from all third party claims and the costs of the legal representation and legal defense, which are based on the fact that the partner has breached his obligations in the contractual relationship with my-med-24 and thereby violated third party interests and provided a legal basis for the indemnification of my-med-24 for them, the authorities, organizations and courts. This particularly applies in the event of a violation of the rules regulating professional practice and conduct, the copyright and trademark law, the competition rights, the data protection right, the telemedia rights and the penal law and the thereby caused violation of third party rights. The partner further obligates himself/herself to support my-med-24 in any requested way for the purpose-related defense against the indemnification of my-med-24 by a third party, particularly by providing information and to submit declarations.

 

Article 9      Liability of my-med-24

 

(1)             my-med-24 shall only be liable up to the amount of the typically foreseeable damages at the time of entering into the contract for damages caused by a slightly negligent breach of a “major contractual obligation”, irrelevant of the legal reasons, even if the damages were caused by its legal representative or vicarious agents. my-med-24 shall only be liable for damages from loss of data, if it occurred, even though the contract partner has fully and timely adhered to the obligations stated in Article 6 section 2 sentence 2 of the data protection. “Major contractual obligations” are those, which only allow the proper implementation of the contract and in which the contract partner can regularly trust. my-med-24 shall not be liable for the breach of “non-major contractual obligations” in only slightly negligent breach even if the damage was caused by its legal representative or vicious agents. In cases of mandatory legal liability, particularly when taking over a guarantee like in the case of violation of life, physical injuries or damage to health, my-med-24 shall be held liable

(2)             my-med-24 shall be unlimitedly liable for damages in cases of intent or gross negligence, even if they were caused by its legal representation or a vicarious agent, independent of whatever legal reasons toward its partner.

 

Article 10    Confidentiality

 

  1. my-med-24 and the partner are obliged to treat the documents,

information and data (called hereinafter “confidential information”) provided by the other contract party strictly confidential and to not provide it to a third party or use it themselves without previous written consent. “Confidential information” are not information which are (a) facts that are publicly known or become known without any fault of the other contract party, (b) which have already been known to the other contract partner or are legally acquired by a third party who is entitled to pass on the information. my-med-24 and the partner are obliged to protect the “confidential information” from the unauthorized access of a third party and to solely use the information for the implied purposes of their contractual relationship and to impose this obligation also to the legal representatives and the vicarious agents.

(2)             The previously state regulation does not apply if the contract partner is legally obliged to reveal the “confidential information” due to a court order or per mandatory legislation of an authority. In this case, he/she will inform the other contract partner immediately about this case and take all legally necessary and allowed measures to avoid the disclosure or to ensure a mainly confidential treatment of the information.

(3)             The agreements under Article 10 also apply beyond the termination of the contract.

 

Article 11    Data protection

 

The data protection stipulations relevant for the contractual relationship and its implementation can be found under „my-med-24.com/data protection“ of the online portal or in annex 3 of the written subscription agreement “notes and agreements on data protection”. The partner fully agrees and declares (a) in the case of an online contract conclusion (Article 2 sub-section3) in the frame of the registration by actively clicking with the mouse and placing a respective check mark or (b) in the case of a written contract conclusion (Article 2 sub-section 4) by signing the subscription agreement, including the relevant contract components and annex 3 (“notes and agreements on data protection”), and he gives his/her consent for the contract relationship.

 

Article 12    Revocation

 

(1)                   Right of Withdrawal: You have the right to withdraw from this contract within fourteen days without giving a reason. The revocation period of fourteen days commences on the day on which you or a third party authorized by you conclude this contract.

To exercise your right of withdrawal, please inform us (my-med-24 GmbH & Co. KG, Relenbergstrasse 59, 70174 Stuttgart, Germany; Phone .: +49 711 4600 600, Fax: +49 711 42070468, E-mail address: invoice @ my-med-24.com) by means of a clear written declaration (e.g. a registered letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can also use the model withdrawal form attached below, which is not required.

For preservation of the cancellation period, you only need to send the notification to exercise the right of withdrawal before the expiry of the withdrawal period.

As soon as we have received your revocation, we will immediately send you (e.g. by e-mail) a confirmation of the receipt of such a revocation.

 

(2)                   Consequences of the cancellation: If you withdraw from this contract, we will reimburse you the payments made for the services purchased immediately and no later than fourteen days from the date on which the notification of your cancellation of this contract is received. Please provide us with your bank details. In no case will you be charged any fees for this repayment. If the direct debit method was chosen as the means of payment, no objection to the direct debit is required.

 

(3)                   Exceptions to the right of withdrawal: The right of withdrawal does not exist or expires for the following contracts / orders:
 

Booking of translations: the cancellation period is shortened to 24 hours.
24 hours after booking, the translation will be customized. If no cancellation has taken place, the services thus provided shall be fully paid and not refundable.
 

Obtaining second opinions: Here as well, the withdrawal period is shortened to 24 hours. 24 hours after booking, the second opinion will be obtained. If no cancellation has taken place, the services thus provided shall be fully paid and not refundable.

 

There is no right of withdrawal if services such as translations or second opinions are marked as express bookings or if this is requested in the explanatory notes to this order. The corresponding service will be executed immediately, and their full payment will be due at the time of booking and cannot be refunded.

 

(4)                   Model withdrawal form: If you wish to withdraw from the contract, please fill out this form and send it back to:

 

my-med-24 GmbH & Co.KG; Relenbergstrasse 59, 70174 Stuttgart, Germany telephone number: +49 711 4 600 600, fax number: +49 711 42070468 or

e-mail address: invoice@my-med-24.com

 

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
 

- Order number of the commissioned service:

- Type / name of the commissioned service:

- Ordered on (*) / received on (*)

- Name of partner / patient:

- Customer number of the partner / patient:

- Address of the partner / patient:

- Email address of the partner / patient:

 

- Date / signature of the partner / patient ((only if notified on paper)

 

(*) Please delete as applicable
 

 

Article 13    Final stipulations

 

(1)             The contractual relationship of the contract partners solely underlies the legislation of the Federal Republic of Germany with exception of the UN purchase right and the standards of the international private law under the German law.

(2)             It is agreed by the parties that for all disputes from or due to the contractual relationship, including those about its validity, the courts of Stuttgart are solely responsible in a first instance.

(3)             If one section of this contract is completely or partially invalid or not implementable, the validity of the contract itself and the other stipulations remains untouched thereof. The same applies, if there is a legal gap in this contract. As far as can be legally allowed, the invalid or unimplementable stipulation must be replaced or the gap must be bridged with a stipulation, which comes closest to what the contract partners economically wanted or in accordance with reason and purpose of their contract conditions, if this point were considered.