1 These General Terms and Conditions of DERMANOSTIC GmbH (hereinafter. hereinafter: DERMANOSTIC), Merowingerplatz 1, 40225 Düsseldorf, Germany, represented by the managing director, Dr. med. Ole Martin, Register Court Local Court Düsseldorf, HRB 89284 (hereinafter: GTC) apply both to the use of the website www.dermanostic.com as well as for the use of the app "Dermanostic".
DERMANOSTIC is purely an intermediation platform for Treatment contracts between patients and in Germany established specialists for skin and venereal diseases (hereinafter: Dermanostic). hereinafter: Dermatologists) who have received their license to practice medicine in Germany. physician in Germany. DERMANOSTIC enables patients to benefit from teledermatological teledermatological consultation without having to visit the practice of the practice of the treating dermatologist. The dermatological consultation is, however, subject to the dermatologist's the dermatologist ensures that the requirements of § 7 para. 4 of the model professional code for physicians working in Germany are met. and physicians working in Germany are met.
2. deviating, conflicting or supplementary terms and conditions of the Patient shall not apply and shall not become part of the contract. This also applies if the patient refers to his or her own conditions to DERMANOSTIC or the dermatologist to his or her own conditions and DERMANOSTIC or the DERMANOSTIC or the dermatologist treating the patient does not expressly expressly object to the conditions.
3. by making use of the offer of DERMANOSTIC, the patient accepts these Patient these terms and conditions without restriction.
4. to use the mediation offer of DERMANOSTIC registered the patient first registers on the website or after downloading the the app when calling the same for the first time. Then the patient can photos of the skin problem that has prompted him or her to make use of the offer. the offer, and fill out a questionnaire about the patient's medical history. questionnaire. Within 24 hours, the patient receives a dermatologist practicing in Germany will provide the patient with a specialist consultation. If, in the opinion of the attending physician, it is medically and if the patient's uploaded photos provide the necessary medical uploaded photographs, the required medical diligence can be observed in particular by the way in which the findings are ascertained, consultation, treatment and documentation, treatment as well as documentation, it is possible in individual cases to consultation via the platform of DERMANOSTIC in individual cases. DERMANOSTIC platform. The special consultation of the patient special consultation of the patient about the particularities of and treatment via communication media is carried out solely by the carries out solely the attending dermatologist.
1) With the use of the platform/app provided by DERMANOSTIC Platform/App, a contract of use is concluded with the patient. The patient agrees that DERMANOSTIC will monitor the the conclusion of a treatment contract between the patient and the dermatologist. the dermatologist.
2. provider and executor of the teledermatological consultation is exclusively the dermatologist. The services offered by the dermatologist Services are non-binding and subject to change. The patient accepts the respective offer by uploading the photographs of his skin problem and skin problem and answering the questions asked in the course of the teledermatological consultation. The treating dermatologist dermatologist is entitled to accept the patient's offer within 24 hours. to accept it.
1. the patient registers first under indication of its E-mail address and generating a password.
2. the use of the services of DERMANOSTIC and the communication with the dermatologist with the dermatologist take place via an encrypted Internet connection:
After creating the customer account, the patient can make use of the teledermatological consultation. In doing so, he must provide the dermatologist the information necessary for the fulfillment of the treatment contract. necessary information (surname, first name, date of birth, sex, address, and e-mail, pictures of the "skin problem") and answer a predefined and answer a given questionnaire. He will be guided through the specific request concerning him. With the use button "Conclude with obligation to pay", the patient makes a legally binding legally binding offer to conclude a treatment contract for a fee-based for a fee-based teledermatological consultation. The prerequisite for this is that the patient is of legal age and expressly consents to the data processing and general terms and conditions associated with the data processing and the general terms and conditions associated with the transmission of the application. This is done by the explicit consent by placing a "tick" in the appropriate places. appropriate places. The patient receives by e-mail the confirmation that his request has been received and assigned to a dermatologist. will be assigned. The patient has the option to print the content of the print out the content of the automatic confirmation of receipt. The does not constitute acceptance of the patient's request. the patient's request. This is done by the respective dermatologist
2. after acceptance of the request of the patient the respective Dermatologist immediately the photographs and Answers of the patient. As soon as the treatment report is completed, the patient receives an e-mail or else a Push message that the medical assessment is available. By means of the patient's identification data (e-mail address, password) (e-mail address, password), the patient can view the report concerning him findings concerning him or her.
3. the exclusive contracting parties of the treatment contract are the patient and the Patient and the treating dermatologist. DERMANOSTIC as an intermediary becomes neither on the one nor on the other side of the contract directly or indirectly party to the contract, nor does it act as the as a representative of the patient or the physician. Person responsible for for the fulfillment of the obligations arising from the treatment contract is exclusively the respective dermatologist. DERMANOSTIC is not authorized to answer or pass on any questions in connection with the treatment questions in connection with the treatment contract, irrespective of the aspect of the aspect of the treatment contract they relate to.
The obligations under the treatment contract are to be performed exclusively by the Dermatologist in question. In the event of a breach contractual obligations by the dermatologist is responsible exclusively responsible for this. DERMANOSTIC is not obliged to, to pass on inquiries or complaints of the patient or the dermatologist to the other respective other party to the contract.
1. DERMANOSTIC shall maintain the technical prerequisites and the technical requirements necessary for the accessibility and usability of the and the connection between the server and the Internet required for this purpose. and the Internet, insofar as DERMANOSTIC has influence over this. DERMANOSTIC does not owe the success of access to the website.
DERMANOSTIC will take suitable technical and organizational measures in accordance with Art. measures in accordance with Art. 32 DS-GVO and § 22 BDSG to ensure, that the 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. DERMANOSTIC concludes with the treating dermatologists. Order processing contracts. Likewise, DERMANOSTIC maintains Data processing contracts with third parties whose services are required for the maintenance and upkeep of the platform and its technical technical maintenance or further development.
4. DERMANOSTIC will always drive forward the technical development of the platform. drive forward. In order to maintain the quality standards, it is necessary to carry out regular maintenance work on the platform. to be carried out. DERMANOSTIC reserves the right to perform such work at any time even if this temporarily interrupts access to the platform. interrupted. In this case, the patient will not be entitled to not be entitled to compensation in this case.
1. the patient commits itself, both with the registration and the use of the platform exclusively truthful information. information to make. He is aware that he is solely responsible for the completeness and accuracy of his information is solely responsible.
2. the patient is forbidden, in the context of his application information to make or to post content that infringes the rights of third parties. impair. He undertakes, within the framework of his application not to violate any existing legal provisions. If the DERMANOSTIC is entitled to terminate the user agreement without notice. termination of the contract of use without notice. Further rights remain reserved, in particular for injunctive relief and compensation for damages. In the case of a violation, the patient is also obligated to indemnify DERMANOSTIC from claims for compensation and reimbursement of expenses claims for damages and reimbursement of expenses of third parties that are based on the patient's breach. This indemnification obligation also includes the costs of the legal defense of DERMANOSTIC. Rights of DERMANOSTIC not expressly DERMANOSTIC's rights shall remain unaffected.
3. the patient is further prohibited from impairing or impairing the usability of the platform use of the platform to impair or endanger its usability. endanger.
The patient has his user data (password, etc.) always carefully store and keep secret. If unauthorized third parties obtain knowledge of the login data, the patient is obliged to inform DERMANOSTIC of this immediately, DERMANOSTIC of this immediately. DERMANOSTIC is also liable for DERMANOSTIC is also entitled to block the patient's access immediately. DERMANOSTIC is entitled to immediately block the patient's access.
1. DERMANOSTIC is liable according to the legal regulations only in the event of intent or gross negligence in the event of a culpable Violation of essential contractual obligations.
2. in the case of simple negligence, liability exists only
3. any fault of DERMANOSTIC has to prove the patient. prove.
4. DERMANOSTIC shall not be liable in any case for any damages, regardless legal grounds, which have their cause in the treatment contract between the patient and the patient and the treating dermatologist. DERMANOSTIC is is not responsible for the conclusion of a treatment contract and does not guarantee the conclusion of such a contract. not.
(1) With the transmission of photographs, other illustrations or texts, the patient grants DERMANOSTIC, in connection with the use of the DERMANOSTIC, in connection with the use of the teledermatological consultation service. the simple rights of use to the transmitted documents for the execution of the contract.
2. the copyright to images, representations or texts that are published by DERMANOSTIC publishes at www.dermanostic.com or the app, is the exclusive property of DERMANOSTIC. This also applies to the exclusive rights of use. Any use of the images or texts is not permitted without the consent of DERMANOSTIC.
1. the respective current data protection declaration of DERMANOSTIC is a Part of these terms and conditions.
3. DERMANOSTIC has concluded an order processing agreement with the cooperating dermatologists. contract with the cooperating dermatologists, which obliges DERMANOSTIC obligates it to comply with the technical and organizational measures of the DS-GVO and the BDSG to be complied with and implemented.
1. the patient is entitled to revoke his declaration of intent to use the DERMANOSTIC services in accordance with the statutory provisions. the statutory provisions to revoke.
2 The details of this right of revocation can be found in the following Revocation instruction to be taken:
You can cancel your contract within 14 days without giving of reasons in text form (eg letter, fax, e-mail) revoke. The Run of the revocation period begins with the day of the conclusion of the contract. The declaration of revocation is to be sent to DERMANOSTIC GmbH, Merwoingerplatz 1, 40225 Düsseldorf.
For the formulation of the revocation, you can use the below Revocation form use, but do not have to. To meet the Revocation period is sufficient to send the revocation.
In the event of a valid revocation, the services received by both parties are to be mutually received services and, if applicable, benefits drawn. surrendered. We are in the case of your effective revocation obliged to you the payments that we have received from you, immediately. For the repayment we will use the payment method that you have chosen, unless you have concluded a different payment concluded a different payment agreement with us. The Repayment is free of charge.
Insofar as we have during the revocation period already provided the service, you are in the case of the effective revocation, you are obliged to reimburse us an amount that corresponds to the services that we have provided until the receipt of your revocation. provided.
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. not. You can fill out this copy and send it to us.
To DERMANOSTIC Ltd.
I hereby revoke the contract concluded by me for the provision of the provision of services via www.dermanostic.com or the app "Dermanostic". App "Dermanostic".
Signature (only if written form is chosen).
1. if one or more provisions of these terms and conditions should be ineffective should be invalid, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision by a legally legally effective, the economic success of the invalid provision as far as possible. the ineffective provision as far as possible. This shall also apply in the event of a loophole.
2. changes or additions to these GTC require the written form. This also applies to the waiver of the written form requirement.
3. the business relationship between the patient and DERMANOSTIC in connection with the use of the platform. in connection with the use of the platform shall be governed exclusively by German law shall be applicable. The place of jurisdiction is the registered office of DERMANOSTIC.
4. in accordance with § 36 VSBG we inform you that the EU Commission has a platform for online dispute resolution in cases of Disputes in connection with online purchases, etc. holds ready, in which a consumer is involved. This platform can be reached at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
We are neither obligated nor willing to participate in this dispute resolution obligated nor willing. You can reach us at the E-mail address firstname.lastname@example.org.