General terms and conditions of Avi Medical Operations GmbH, Karl-Theodor-Straße 55, 80803 Munich for the use of the website www.avimedical.com and the Avi Medical mobile application.
§ 1 Scope
1. These general terms and conditions (hereinafter: “AGB”) of medical care centers operated by Avi Medical MVZ GmbH (hereinafter: “Avi Medical”) as the supporting company (in detail: Avi Medical MVZ München GmbH, Karl-Theodor-Straße 55, 80803 Munich, represented by Managing Director Julian Kley, Munich District Court Register Court, HRB 260346; Avi Medical MVZ Berlin GmbH, Karl-Theodor-Straße 55, 80803 Munich, represented by Managing Director Julian Kley, Register Court Munich District Court, HRB 269104; Avi Medical MVZ Hamburg GmbH, Karl-Theodor-Straße 55, 80803 Munich, represented by Managing Director Julian Kley, Register Court Munich District Court, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Karl-Theodor-Straße 55, 80803 Munich, represented by Managing Director Julian Kley, Register Court Munich District Court, HRB 269366) (hereinafter: “MVZ”) apply both to the use of the website www.avimedical.com as well as for using the Avi Medical mobile application (hereinafter: “app”).
2. Avi Medical provides patients with the technical framework via the website www.avimedical.com or the app the option to make online appointments with the respective MVZ (website) or to use telemedicine services from the doctors of the respective MVZ treating the patient, including a chat function (app), to make appointments or to manage their patient data (app). Avi Medical acts purely as a mediation platform for treatment contracts between patients and the respective MVZ or as a means of communication. The telemedicine activity of the doctor treating the patient is always subject to the proviso that the attending physician ensures that the requirements for carrying out telemedicine treatment are met in accordance with the applicable professional code of the State Medical Association (as an example Section 7 (4) of the Model Professional Code of Physicians working in Germany).
3. Differing, conflicting or supplementary conditions of the patient do not apply and do not become part of the contract. This applies even if the patient refers his conditions to Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. Avi Medical's offers are aimed exclusively at patients who have reached the age of 18. By taking advantage of Avi Medical's offer, the patient fully accepts these terms and conditions.
5. In order to use Avi Medical's referral or communication services, the patient must first register on the website or, after downloading the app, the first time they access it. Registration requires that the patient provides the data requested in the appropriate mask (surname, first name, date of birth, email address and mobile phone number) truthfully and completely and transmits it to Avi Medical. By registering, the patient expressly consents to the processing of the personal data provided in this context. He then has the option to make online appointments with the respective MVZ via the website or to do so via the app. The app also allows him to manage his patient data or use the telemedicine services offered by the attending physician, including a chat function with the treating doctor. The special information required in this context to the patient about the special features of exclusive advice and treatment via telecommunications media is carried out solely by the attending physician. Only this person also decides whether the medical and professional requirements for carrying out telemedicine treatment are met.
6. If the patient makes use of medical services that have been provided through the technical framework provided by Avi Medical, the attending physician or MVZ is exclusively responsible for the conclusion of the treatment contract, its content and the fulfilment of medical obligations arising therefrom.
7. The patient can read Avi Medical's terms and conditions in their current version at www.avimedical.com/agb download.
§ 2 Registration
1. In order to make full use of the offers provided by Avi Medical via the website or app, it is necessary that the patient first registers and creates a user account.
2. The patient is required to provide truthful information about their personal data in connection with the registration.
3. By registering and creating a user account, the patient expressly consents to the associated processing of his personal data.
§ 3 Offer and Conclusion of Contract
1. By using the platform or app provided by Avi Medical, a user contract is concluded with the patient. The patient also agrees that Avi Medical will arrange the conclusion of a treatment contract between him and the treating doctor or MVZ.
2. The provider and provider of a telemedicine service is exclusively the attending physician or MVZ. The patient accepts the respective offer from the attending physician by making use of telemedicine services.
3. Als HanseMerkur Versicherter kann Avi Medical für Sie anhand Ihrer Gesundheitsinformationen prüfen, ob zusätzliche Versorgungsprogramme für Sie medizinisch sinnvoll sind. Über diese Möglichkeiten informiert Avi Medical den Patienten anschließend. Avi Medical rechnet diese Prüfung direkt mit der HanseMerkur ab und lässt die Kosten von der HanseMerkur gegenüber Avi Medical begleichen. Für den Patienten entstehen keine Kosten und es ergeben sich keine Auswirkungen auf die Selbstbeteiligung des Patienten.
§ 4 The implementation of telemedicine advice
1. The patient first registers by entering their email address and generating a password.
2. The use of Avi Medical services and in particular the patient's communication with the treating doctor via the app takes place via an encrypted Internet connection. Avi Medical ensures compliance with the requirements for a video consultation in accordance with Appendix 31b to the Federal Covenant Agreement Physicians. This also requires that the patient or his legal representative expressly consent to telemedicine treatment. In connection with the use of the technical requirements provided by Avi Medical, this is done by setting a “check mark” in the appropriate places. In addition, only the attending physician is responsible for obtaining consent to telemedicine treatment and compliance with the specialist standards incumbent upon him.
3. The sole contractual partners of the treatment contract are the patient and the attending physician or the MVZ. Avi Medical, as an intermediary, is neither directly or indirectly a party to the contract nor does it act as a representative of the patient or the doctor. Only the attending physician or MVZ is responsible for fulfilling the obligations under the treatment contract. Avi Medical is not entitled to answer or forward 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, he or the MVZ are exclusively responsible for this.
§ 5 Obligations of Avi Medical
1. Avi Medical provides and maintains the technical requirements necessary for the availability and usability of the website or app and the necessary connection between the server and the Internet, insofar as Avi Medical has influence on this. Avi Medical is not responsible for the success of access to the website or app.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Art. 32 GDPR and § 22 BDSG to ensure that the data processing requirements in accordance with the GDPR and the BDSG are met and to counteract the risk of data loss or data destruction.
3. If necessary, Avi Medical concludes order processing contracts with the respective MVZ. Avi Medical also has data processing contracts with third parties whose services are necessary to maintain and maintain the website or app and its technical maintenance or development.
4. Avi Medical will constantly push ahead with the technical development of the website and 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 claims for damages.
§ 6 Duties of the patient
1. The patient undertakes to provide only truthful information both when registering and using the website and app. He is aware that he is solely responsible for the completeness and accuracy of his information.
2. As part of his application, the patient is prohibited from providing information that affects the rights of third parties or violates legislation. If the patient violates these obligations, Avi Medical is entitled to terminate the user agreement without notice. Further rights are reserved, in particular for omission and compensation. In the event of a violation, the patient is also required to indemnify Avi Medical from third-party claims for damages and expenses based on the patient's infringement. This indemnification obligation also includes the costs of Avi Medical's legal defense. Avi Medical's rights not expressly mentioned remain unaffected.
3. The patient is also prohibited from impairing or endangering the usability of the website or app by improper use. Avi Medical assumes no liability for any type of damage resulting from the patient using Avi Medical's services without the involvement of a doctor and drawing conclusions about acts or omissions. Avi Medical does not monitor the health data that the patient transmits to their treating doctor when using the app. Avi Medical expressly urges every patient with health problems or symptoms of illness to see a doctor immediately if necessary. Avi Medical cannot, must and will not provide medical information or answer questions.
4. Avi Medical uses the so-called Net Promoter Score (NPS) to determine patients' satisfaction with the technical offerings provided by Avi Medical. As part of voluntary patient surveys, the NPS system measures the likelihood that a patient would recommend Avi Medical. In addition to the NPS calculation, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will also not request any health data from the patient in connection with the NPS. Avi Medical asks every patient not to submit any health data when participating in the NPS survey.
§ 7 Disclaimer
1. In accordance with statutory provisions, Avi Medical is only liable in the event of intent or gross negligence in the culpable breach of essential contractual obligations.
2. In the event of simple negligence, liability exists only
- for damage resulting from injury to life, limb or health,
- for damages resulting from the not insignificant breach of an essential contractual obligation, in which case Avi Medical's liability is 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 in no case liable for any damage, regardless of the legal basis, which is caused by the treatment contract between the patient and the treating physician.
5. Avi Medical's online offering was created with great care. Avi Medical makes no warranty, express or implied, for the accuracy, completeness, reliability, quality and timeliness of all content available via the online offering. Insofar as Avi Medical's online offering contains links to external websites, Avi Medical assumes no liability for the content of these external sites. The respective provider is exclusively responsible for the content.
§ 8 Copyright
The copyright to images, illustrations or texts published by Avi Medical at www.avimedical.com or published the app — unless otherwise stated — is exclusively available to Avi Medical. This also applies to exclusive rights of use. The images or texts may not be used without the consent of Avi Medical.
§ 9 Data protection
Avi Medical's current privacy policy is part of these terms and conditions and can be found at https://www.avimedical.com/datenschutz be retrieved and printed out.
§ 10 Right of Withdrawal
1. The patient is entitled to withdraw his declaration of intent to use Avi Medical's services in accordance with the statutory provisions.
2. The details of this right of withdrawal can be found in the following cancellation policy:
Withdrawal policy:
You can cancel your contract declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The cancellation period begins on the day the contract is concluded. The cancellation notice must be sent to Avi Medical GmbH, Nymphenburgerstr. 86, 80636 Munich. Our email address is .
You can use the withdrawal form below to formulate your withdrawal, but you do not have to. To meet the withdrawal period, it is sufficient to send the withdrawal in good time.
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of your effective cancellation, we are obliged to immediately repay you the payments we have received from you. For repayment, we use the payment method that you have chosen, unless you have concluded a different payment agreement with us. The repayment is free of charge.
If we have already provided the service incumbent on us during the cancellation period, in the event of an effective withdrawal, you are obliged to reimburse us an amount that corresponds to the services we have provided up to receipt of your cancellation.
Sample withdrawal form
In the event that you want to cancel your contract 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 cancel the contract I have concluded for the provision of services via www.avimedical.com or the “Avi Medical” app.
personal data
Signature (only if the written form is selected).
§ 11 Other provisions
1. Should one or more provisions of these terms and conditions be ineffective, the remaining provisions remain unaffected. The parties agree to replace the ineffective provision with a legally effective provision whose economic success corresponds to the ineffective provision as far as possible. This also applies in the event of a regulatory gap.
2. Amendments or additions to these terms and conditions must be made in writing. This also applies to the waiver of the written form requirement.
3. Only German law applies to the business relationships 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. In accordance with § 36 VSBG, we inform you that the EU Commission has a platform for online dispute resolution in cases
of disputes involving a consumer in connection with online purchases, etc. 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 contact us at .