Welcome!

 

Below you will find the detailed General Terms and Conditions of dermanostic.

 

General Terms and Conditions of Dermanostic GmbH, Merscheider Straße 1, 42699 Solingen, for the use of the app and web app “dermanostic”:

 

For reasons of better readability, the simultaneous use of female, male and diverse language forms is avoided and the generic masculine is used. All personal designations apply equally to all genders.

§ 1 Scope

  1. These General Terms and Conditions of Dermanostic GmbH, Merscheider Straße 1, 42699 Solingen, represented by the Managing Director, Dr. med. Ole Martin, Registry Court Amtsgericht Wuppertal HRB 34872 (hereinafter: “GTC”) apply both to the use of the website dermanostic.com and to the use of the mobile applications for iOS and Android and the web application “dermanostic” (hereinafter: “dermanostic”, “the application”, “application”, “the application ‘dermanostic'”) for the purpose of brokering a (remote) treatment contract to one of the specialist dermatology practices cooperating with Dermanostic GmbH. Dermanostic GmbH offers users of its mobile applications and web application the mediation of a teledermatological treatment. The initial consultation within the framework of this teledermatological treatment does not require the physical presence of the patients in one of the specialist dermatology practices cooperating with Dermanostic GmbH.
  2. The dermatological consultation is to be carried out in accordance with the requirements of § 7 para. 4 of the Model Code of Conduct for Physicians active in Germany. Treatment may only be carried out by dermatologists working in the specialist dermatology practices cooperating with Dermanostic GmbH.
  3. Deviating, conflicting or supplementary conditions of the users do not apply and do not become part of the contract. This also applies if the users refer to their conditions towards Dermanostic GmbH or one of the specialist dermatology practices cooperating with it and Dermanostic GmbH or one of the specialist dermatology practices cooperating with it does not expressly object to the conditions.
  4. By using the services offered by Dermanostic GmbH, users accept these GTC without restriction.
  5. Users must register via dermanostic – if necessary after prior installation of the application – before using the mediation service. To prepare for the mediation of a teledermatological treatment, the user creates, e.g. with their smartphone, photographs of the skin areas to be examined. In addition, the user must fill out a medical history form. These photographs and the completed medical history form are transmitted to Dermanostic GmbH.
  6. The specialist medical treatment takes place within approximately 24 hours of the transmission of the photographs and the medical history form to Dermanostic GmbH by dermatologists who are employed by specialist dermatology practices cooperating with Dermanostic GmbH. For the teledermatological treatment, the photographs and the completed medical history form are disclosed to the dermatologist who carries out the treatment.
  7. In individual cases, it may remain an exclusive remote treatment, provided that the specialist medical findings can already be finally determined on the basis of the photographs and the completed medical history form while maintaining the required medical care, in particular through the manner of data collection, consultation, treatment and documentation of the treatment process.
  8. In this case, the treating dermatologists inform the patients about the special features of a purely remote treatment.
  9. If the treating dermatologists consider a professional second opinion on the specific treatment case to be necessary, they should consult the interdisciplinary expert committee of Dermanostic GmbH for advice.
  10. If medical follow-up care is required, this is carried out on behalf of the treating specialist dermatology practice by medical specialist personnel of Dermanostic GmbH. In this case, the medically trained specialist personnel contacts the patients via the app or by telephone.

§ 2 Offer and Conclusion of Contract

  1. By using the mobile application and web application “dermanostic” provided by Dermanostic GmbH, a usage contract is concluded with the user.
  2. The activity of the specialist dermatology practices cooperating with Dermanostic GmbH is based on a treatment contract to be concluded between the user and the specialist dermatology practice carrying out the treatment in each case. Dermanostic GmbH is authorized by the user to submit the offer to conclude a treatment contract. Dermanostic GmbH is authorized by the specialist dermatology practices cooperating with it to submit the offer to conclude a treatment contract.
  3. The services offered by the specialist dermatology practices cooperating with Dermanostic GmbH represent a non-binding and subject to change offer for the conclusion of a contract. The contract is concluded if the user has uploaded the photographs and transmitted the completed medical history form and the respective dermatologist confirms the conclusion of the treatment contract within 24 hours.
  4. The teledermatological treatment is carried out exclusively by dermatologists employed in the specialist dermatology practice carrying out the treatment.

§ 3 Implementation of the teledermatological consultation

  1. The user must agree to these GTC and consent to the processing of personal data associated with the submission of the application by confirming the corresponding selection field.
  2. For the mediation of a teledermatological treatment, the user must provide the information necessary for the fulfillment of a treatment contract and answer a specified medical history form. The application guides the user through the medical history form.
  3. The user registers in the dermanostic application by providing their email address and a password.
  4. By using the “Complete for a fee” button, the user submits a legally binding offer to conclude a treatment contract for a teledermatological treatment for a fee by a specialist dermatology practice cooperating with Dermanostic GmbH. The user receives a notification via the “dermanostic” application that the application has been received and is being processed.
  5. This notification does not constitute an acceptance of the offer to conclude a treatment contract. The treatment contract is only concluded as soon as a specialist dermatology practice cooperating with Dermanostic GmbH has accepted the offer.
  6. After acceptance of the offer, the respective specialist dermatology practice immediately assesses the transmitted photographs, taking into account the information in the medical history form. The patient receives a push notification via the “dermanostic” application as soon as the treatment report has been created or if there are any queries. Updates on the treatment status, in particular the findings, can be called up via the application. An application with the identification data is required for this.
  7. The contractual partner of the treatment contract is the patient and the specialist dermatology practice treating them. The specific implementation of the treatment contract is handled exclusively by dermatologists employed in the treating specialist dermatology practice.
  8. The obligations arising from the treatment contract are to be fulfilled exclusively by the dermatologists employed in the treating specialist dermatology practice. In the event of a breach of contractual obligations arising from the treatment contract, the respective treating specialist practice is liable.
  9. If medical follow-up care is required as part of the treatment, this is carried out on behalf of the respective treating specialist practice by medical specialist personnel of Dermanostic GmbH. In this case, the medically trained specialist personnel contacts the patients via the application or by telephone.
  10. Dermanostic GmbH undertakes to forward any inquiries or complaints from the patient or the dermatologists to the respective party.

§ 4 Prices and Payment Processing

  1. The remuneration for the consultation services of the dermatologists is based on the Fee Schedule for Physicians (GOÄ) in its currently valid version.
  2. The user is informed about the amount of the remuneration in the application before using the teledermatological consultation.
  3. The patient owes the remuneration, regardless of whether a reimbursement of the costs via private or statutory health insurers or other cost carriers is possible.
  4. Dermanostic GmbH is authorized and entitled to carry out the payment processing in the name of the respective treating specialist practice. For this purpose, the specialist practice treating the user assigns its payment claims from the respective treatment contract to Dermanostic GmbH by way of an assignment of claims. The liquidation is created by Dermanostic GmbH individually according to the specifications of the respective treating specialist practice. The treating specialist practice remains solely responsible as the contractual partner of the patient for the correctness of this invoice generation and the amount of the fee.
  5. With the conclusion of the teledermatological treatment contract, the patient agrees to the assignment of the payment claim from the treatment contract to Dermanostic GmbH.
  6. Dermanostic GmbH undertakes to process the personal data of its users and the patients of the specialist dermatology practices cooperating with it in compliance with data protection regulations.
  7. Dermanostic GmbH participates in the following payment methods: Credit card, PayPal, Apple Pay, Google Pay, Direct debit. Payment can only be made via the payment methods mentioned.
  8. In the case of payment by credit card, the payment and usage conditions of the respective credit card provider apply in detail.
  9. If the patient decides to pay using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal). The terms of use of this payment service provider apply, which can be called up at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
  10. If the patient chooses the “PayPal Invoice” payment method, the payment claim is assigned to PayPal. The PayPal terms of use for purchase on account can be called up at www.paypal.com/de/webapps/mpp/ua/pui-terms.
  11. If the patient decides to pay using Google Pay, the terms of use apply, available at https://support.google.com/pay/answer/7020860?hl=de.
  12. If the patient chooses the option of payment via Apple Pay, the following terms of use apply: https://support.apple.com/de-de/HT201469.

§ 5 Obligations of Dermanostic GmbH

  1. Dermanostic GmbH has implemented suitable technical and organizational measures for the accessibility and usability of the “dermanostic” application. Insofar as the availability of the application depends on services provided by third parties (in particular telecommunications providers), Dermanostic GmbH assumes no liability for availability.
  2. Dermanostic GmbH will always advance the technical development of the “dermanostic” application. In order to maintain quality standards, it is necessary to carry out regular maintenance work on the application. Dermanostic GmbH reserves the right to carry out this work at any time, even if this temporarily interrupts access to the application.

§ 6 Obligations of the Patients

  1. The user undertakes to provide truthful information when using the application. They are aware that they are solely responsible for the completeness and accuracy of the information.
  2. The user is prohibited from providing information or posting content when using the application that unlawfully affects the rights of third parties. In the event of a violation, Dermanostic GmbH is entitled to terminate the usage contract without notice.
  3. Patients are prohibited from impairing or endangering the usability of the app and the web app “dermanostic” through improper use.
  4. User data (password etc.) must always be kept carefully and secret. If unauthorized third parties gain knowledge of the login data, Dermanostic GmbH must be informed immediately.

§ 7 Disclaimer

  1. Dermanostic GmbH is liable according to the legal regulations only in case of intent or negligence in the culpable violation of essential contractual obligations.
  2. In case of negligence, liability exists only for damages resulting from injury to life, body or health, and for damages from the non-negligible violation of an essential contractual obligation.
  3. Dermanostic GmbH is not liable for any damages in connection with the implementation of the treatment contract between the patient and the respective treating specialist practices.
  4. For any damages resulting from the effectively concluded treatment contract, the respective treating specialist practices are liable in accordance with the legal requirements.

§ 8 Copyright

  1. By transmitting photographs, other representations or texts, the patients grant Dermanostic GmbH the simple rights of use for the transmitted documents for the execution of the contract.
  2. The copyright to images, representations or texts published by Dermanostic GmbH belongs exclusively to Dermanostic GmbH. Use of the images or texts is not permitted without the consent of Dermanostic GmbH.

§ 9 Data Protection

This privacy policy can be called up and printed out at dermanostic.com/en/privacy-app or dermanostic.com/en/privacy-webapp.

§ 10 Right of Withdrawal

The user is entitled to withdraw their declaration of intent aimed at using the services of Dermanostic GmbH in accordance with the legal provisions.

Cancellation Policy:

You can withdraw your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax or email). The withdrawal period begins on the day the contract is concluded. The declaration of withdrawal should be sent to Dermanostic GmbH, Merscheider Str. 1, 42699 Solingen.

In the event of an effective withdrawal, the services received by both parties must be returned. We are obliged to refund the payments we have received from you without delay.

Model Withdrawal Form

To Dermanostic GmbH: I hereby withdraw the contract concluded by me for the provision of services via dermanostic.com or the app or web app “dermanostic”.

§ 11 Miscellaneous Provisions

  1. Should one or more provisions of these GTC be invalid, the remaining provisions shall remain unaffected.
  2. German law shall apply exclusively to the business relationship between the patient and Dermanostic GmbH. The place of jurisdiction is the registered office of Dermanostic GmbH.
  3. In accordance with § 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. involving a consumer. You can reach this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. We are not obliged to participate in this dispute resolution procedure. You can reach us at the email address info@dermanostic.com.