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General Terms & Conditions of Avi Medical GmbH,
Nymphenburgerstr. 86, 80636 Munich, Germany
for using the website www.avimedical.com and mobile application Avi Medical.
1. These General Terms and Conditions of Avi Medical GmbH (hereinafter: Avi Medical), Nymphenburgerstr. 86, 80636 Munich, Germany, represented by the managing directors Dr. Christoph Baumeister, Julian Kley and Vlad Lata, ibidem, Registergericht Amtsgericht München, HRB 254113 (hereinafter: "GTC"), apply both to the use of the website www.avimedical.com and to the use of the mobile application Avi Medical (hereinafter: "App").
2. By providing the technical framework via the website www.avimedical.com or the app, Avi Medical offers patients the opportunity to make appointments online with the medical care centers (MVZ) operated by Avi Medical MVZ GmbH as the sponsoring company (website) or to make use of telemedical services provided by the doctors treating the patient at the respective MVZ, including a chat function (app), to make appointments or to manage their patient data (app). In this context, Avi Medical acts purely as an intermediary platform for treatment contracts between patients and the respective MVZ or as a communications intermediary. However, telemedical activity by the physician treating the patient is subject to the proviso that the treating physician ensures that the requirements of Section 7 (4) (§ 7 Abs. 4 ) of the Model Professional Code for physicians working in Germany are met.
3. Deviating, conflicting or supplementary terms and conditions of the patient shall not apply and shall not become part of the contract. This shall also apply if the Patient refers to its terms and conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician do not expressly object to the terms and conditions.
4. The offers of Avi Medical are exclusively directed at patients who have reached the age of 18. By using the services of Avi Medical, the patient accepts these General Terms and Conditions without restriction.
5. In order to use Avi Medical's placement and communication services, the patient must first register on the website or, after downloading the app, when accessing it for the first time. Registration requires that the patient truthfully and completely provides the data requested in the corresponding mask (surname, first name, date of birth, email address and mobile phone number) and transmits it to Avi Medical. By registering, the patient expressly consents to the processing of his personal data provided in this context. He then has the option of making online appointments with the respective MVZ via the website or via the app. The app also enables him to manage his patient data or to make use of the telemedical services offered by the attending physician, including a chat function with the attending physician. The special advice to the patient required in this context about the special features of exclusive consultation and treatment via telecommunications media is carried out solely by the attending physician. Only the attending physician decides whether the medical and professional requirements for the implementation of telemedical treatment are met.
6. If the patient makes use of medical services that were procured via the technical framework provided by Avi Medical, the attending physician or the MVZ is exclusively responsible for the conclusion of the treatment contract, its content and the fulfillment of the medical obligations arising therefrom.
7. The Patient may download Avi Medical's GTC, as amended from time to time, at www.avimedical.com/agb.
1. In order to make full use of the services provided by Avi Medical via the website or the app, the patient must first register and create a user account.
2. The patient is obliged to provide truthful information about his/her personal data in connection with the registration.
3. By registering and creating the user account, the patient expressly consents to the associated processing of his/her personal data.
Offer and conclusion of contract
1. By using the platform or app provided by Avi Medical, a licence agreement is concluded with the patient. The patient also agrees to Avi Medical acting as a broker for the conclusion of a treatment contract between him/her and the treating physician or the MVZ.
2. The provider and performer of a telemedical service is exclusively the attending physician or the MVZ. The patient accepts the respective offer of the treating physician by making use of the telemedical services.
Conducting telemedicine consultation
1. The patient first registers by providing his e-mail address and generating a password.
2. The use of Avi Medical's services and, in particular, the patient's communication with the attending physician via the app take place via an encrypted internet connection. Avi Medical guarantees compliance with the requirements for a video consultation in accordance with Annex 31 b to the Bundesmantelvertrag-Ärzte. It is also a prerequisite that the patient or his legal representative expressly consents to the telemedical treatment. In connection with the use of the technical requirements provided by Avi Medical, this is done by placing a "check mark" in the appropriate places. Otherwise, the attending physician is exclusively responsible for obtaining consent for telemedical treatment and for complying with the specialist standard incumbent upon him/her.
3. The exclusive contractual partners of the treatment contract are the patient and the treating physician or the MVZ. Avi Medical as an intermediary does not become a party to the contract directly or indirectly on either side of the contract, nor does it act as a representative of the patient or the physician. The person responsible for the fulfillment of the obligations arising from the treatment contract is exclusively the treating physician or the MVZ. Avi Medical is not authorized to answer or forward any questions in connection with the treatment contract, regardless of which aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the attending physician, the attending physician or the MVZ shall be solely responsible for such breach.
Duties of Avi Medical
1. Avi Medical shall provide and maintain the technical requirements necessary for the accessibility and usability of the Website or the App and the connection between the server and the Internet required for this, insofar as Avi Medical has influence on this. Avi Medical is not responsible for the success of access to the Website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Art. 32 DS-GVO and § 22 BDSG to ensure that data processing is carried out in accordance with the DS-GVO and the BDSG and to counteract the risk of data loss or data destruction.
3. To the extent necessary, Avi Medical concludes data processing agreements with the respective MVZ.Avi Medical also maintains data processing contracts with third parties whose services are necessary for the maintenance and upkeep of the website or app as well as its technical maintenance or further development.
4. Avi Medical will always drive the technical development of the website and the app. In order to maintain quality standards, it is necessary to carry out regular maintenance work. Avi Medical reserves the right to carry out this work at any time, even if this temporarily interrupts access. In this case, the patient is not entitled to any claims for damages.
Duties of the patient
1. The patient shall provide only truthful information both during registration and when using the website and app. He is aware that he alone is responsible for the completeness and accuracy of his information.
2. The patient is prohibited from making statements within the scope of his application that infringe the rights of third parties or violate legal regulations. If the patient violates these obligations, Avi Medical is entitled to terminate the user contract without notice. Further rights are reserved, in particular to injunctive relief and damages. In the event of a breach, the Patient is also obligated to indemnify Avi Medical against claims for damages and reimbursement of expenses by third parties based on the Patient's breach. This indemnification obligation also includes Avi Medical's legal defense costs. Any rights of Avi Medical not expressly mentioned shall remain unaffected.
3. The Patient is further prohibited from impairing or jeopardizing the usability of the Website or App through improper use thereof. Avi Medical assumes no liability for any damages resulting from the Patient's use of Avi Medical's services without consulting a physician and drawing conclusions for himself/herself for actions or omissions. Avi Medical does not monitor the health information that the patient submits to his or her treating physician in the course of using the App. Avi Medical expressly encourages any patient with health problems or symptoms of illness to seek immediate medical attention if needed. Avi Medical cannot, may not and will not provide medical information or answer questions.
4. Avi Medical uses the Net Promoter Score (NPS) to determine patient satisfaction with the technical services provided by Avi Medical. The NPS system measures the likelihood that a patient would recommend Avi Medical to others through voluntary patient surveys. In doing so, in addition to the NPS determination, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not otherwise request health information from the patient in connection with the NPS. Avi Medical asks each patient not to provide health information when participating in the NPS determination.
1. Avi Medical shall be liable in accordance with the statutory provisions only in the event of intent or gross negligence in the culpable breach of material contractual obligations.
2. In the event of simple negligence, liability shall exist only
- for damages resulting from injury to life, body or health,
- for damages arising from the not insignificant breach of a material contractual obligation, whereby in such cases Avi Medical's liability shall be limited to compensation for the foreseeable, typically occurring damage.
3. The patient must prove any fault on the part of Avi Medical.
4. Avi Medical is not liable in any case for any damages, regardless of the legal reason, which have their cause in the treatment contract between the patient and the treating physician.
5. The online offering of Avi Medical was created with the utmost care. However, Avi Medical does not assume any guarantee, neither explicit nor implicit, for the correctness, completeness, reliability, quality and up-to-dateness of all contents available via the online offer. Insofar as the online offer of Avi Medical contains links to external websites, Avi Medical assumes no liability for the content of these external sites. The respective provider is solely responsible for the content.
The copyright to images, illustrations or texts that Avi Medical publishes at www.avimedical.com or the App is exclusively owned by Avi Medical, unless otherwise stated. This also applies to the exclusive rights of use. Use of the images or texts is not permitted without the consent of Avi Medical.
Right of cancellation
1. The patient is entitled to revoke his or her declaration of intent to use the services of Avi Medical in accordance with the statutory provisions.
2. The details of this right of cancellation can be found in the cancellation policy below:
You can revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without giving reasons. The revocation period begins on the day of the conclusion of the contract. The declaration of revocation is to be sent to Avi Medical GmbH, Nymphenburgerstr. 86, 80636 Munich, Germany. Our mail address is firstname.lastname@example.org.
For the formulation of the revocation you can use the revocation form below, but you do not have to. To meet the revocation deadline, it is sufficient to send the revocation in time.
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. In the event of your effective revocation, we are obligated to immediately repay you the payments that we have received from you. For the repayment, we will use the payment method you have chosen, unless you have concluded a different payment agreement with us. The repayment will be free of charge.
Insofar as we have already provided the service incumbent upon us during the revocation period, you are obligated, in the event of effective revocation, to reimburse us an amount corresponding to the services we have provided up to the receipt of your revocation.
Sample cancellation form
In the event that you wish to revoke your contractual declaration, you can use this form, but you do not have to. You can fill out this copy and send it to us.
To Avi Medical GmbH
I hereby revoke the contract I have concluded for the provision of services via www.avimedical.com or the app "Avi Medical".
Signature (only if written form is chosen).
1. If one or more provisions of these GTC should be ineffective, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision whose economic success corresponds as far as possible to the invalid provision. This shall also apply in the event of a loophole.
2. Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.
3. German law is exclusively applicable to the business relationship between the Patient and Avi Medical in connection with the use of the website or the app. The place of jurisdiction is the registered office of Avi Medical.
4. According to § 36 VSBG we inform you that the EU Commission provides a platform for online dispute resolution in cases of disputes in connection with online purchases, etc., in which a consumer is involved. You can reach this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
We are neither obliged nor willing to participate in this dispute resolution procedure. You can reach us at the e-mail address email@example.com