1. Scope
1.1. These General Terms & Conditions (GT&C) apply on the part of the Hormone Online Clinic (hereinafter “HOK”) vis-à-vis all patients and users in relation to the provision of tele-medical services in the healthcare sector as well as to all users of all other services offered by the HOK (including, without limitation, this Website). A “consumer” is thereby any individual natural person who concludes or enters into a contractual relationship primarily not in a capacity which can be characterized as serving their commercial, corporate or self-employed commercial interests.
1.2. The HOK provides specialized medical consulting services vis-à-vis patients on the part of medical doctors and physicians working in an independent contractor capacity and involving the use of various communication media (“tele-medical services”). Any use or availment of such tele-medical services is subject to the condition precedent that any exclusive treatment or advice offered or supplied shall be medically justifiable and that the proper, required standard of medical care can be maintained including, in particular but without limitation, as regards diagnoses, consultation, advice and treatment, and that the respective patient has been duly informed regarding the exclusive nature of the treatment or advice offered or supplied by means of communication media.
1.3. Upon accessing this website or making any application or request the patient or user consents that these GT&C of the HOK shall apply exclusively to all matters relating to the parties’ relationship and shall form a material component of any treatment or other contractual relationship between the parties. Any contrary provisions on the part of the patient or user shall not apply even in instances when persons acting on behalf of the HOK have not expressly rejected them. These GT&C on the part of the HOK shall also continue to apply exclusively when any telemedical services or other services are performed on behalf of the patient or user without express reservation in cases of any known provisions on the part of the patient or user that are contrary to or deviate from these GT&C.
1.4. The HOK may amend these GT&C at any time without prior notice including, in particular but without limitation, in consideration of any legal, statutory, jurisprudential or technical development. The current version shall always be the one most recently available at the following address: www.hormononlineklinik.de. The patient or user is expressly notified that the only binding version of these GT&C is the English-language version available online at the aforesaid website, to which the patient or user declares their express informed consent.
2. Contractual Parties/Services
2.1. The treatment contract is concluded directly and exclusively between the HOK on the one part and the patient on the other part. The medical doctor performing the tele-medical shall neither be nor become a party to the treatment contract. The contact party for all matters relating to the treatment contract including, without limitation, as regards payment, consulting or liability issues, shall be exclusively the HOK.
2.2. Special legal and professional provisions and restrictions apply to the provision of medical and therapeutic care via the internet. Services offered is therefore restricted to the scope of those currently legally available. Particular notification and notices in the description of services and the performance of services are legally binding.
2.3. The determination regarding the suitability and eligibility of any remote treatment shall in each instance be made by the treating physician. The patient has no claim, neither express nor implied, to any treatment or other service should the treating physician determine such treatment or service is unsuitable.
2.4. It resides within the nature of medical care and individual human differences that no promise of success or any success or specific outcome is warrantied. Treatment is concluded upon the issuance of a course of therapy suggestion.
2.4.1. The provider of all further services (e.g., website, etc.) including in particular of the online services offered at www.hormononlineklinik.de, is the HormonOnlineKlinik / Corporate Address: SpiceConsult, Ltd, 15, Level 1, Suite 4, Naxxar Road, Birkirkarra, BKR9049, Malta E-Mail: info@hormoneonlineklinik.de
VAT ID Nr.: MT29328903
2.5. The HOK shall provide the necessary means for the proper functioning of its services (e.g., website, etc.). The HOK shall undertake the necessary measures to ensure the continuity and quality of its services. The services are provide in “as is” condition, no guaranty, warranty or otherwise shall apply to their accessibility, regularity or functionality. The HOK seeks to provide accessibility to its services on a 24-hour per day, 7-day per week basis, with the exception of cases of force majeure and subject to any periods of maintenance, potential interruptions, technical or technological danger in relation to any internet networ or any harmful or erroneous acitivity on the part of any third party or, as the case may be, any interruption in relation to any hardware or software owned or licensed by the HOK.
3. Duties of the Patient/User
3.1. The success of any treatment or consultation in relation to tele-medical services depends materially on information supplied by the patient. The patient shall therefore provide for diagnostic purposes the most accurate, truthful and complete information possible. Furthermore, the patient shall disclose to the treating physician without the requirement of prompting any and all from the patient’s perspective critical, necessary or important information relating to the treatment including without limitation to any prior conditions.
3.2. Should the treatment contract be concluded on behalf of a third party (such as, without limitation, in the case of a. minor child or person in guardianship), and should such third party avail of such treatment, the same duties and obligations shall apply to such third party vis-à-vis the treating physicians to the full extent that such person has legal capacity to issue consent.
3.3. Prior to conclusion of a treatment contract involving a third party, the contractual counterparty shall duly inform the treating physician that the treatment contract is being concluded for a third party. In such instances, all necessary documentation regarding the age and guardianship status of the third party must be prior submitted to the treating physician in order to determine if tele-medical treatment can be conducted.
3.4. The Patient agrees only to use the services of the HOK subject to conditions that ensure the proper, uninterrupted, uninhibited use of the services and communication with the treating physician. In particular, but without limitation, the patient shall ensure that any use of any tele-medical or other services shall take place in a sufficiently well-lit and quiet place so as to ensure the high quality of the tele-medical services.
3.5. The patient / user expressly agrees that any use of any further services shall occur exclusively at the patient’s / user’s own risk. The patient / user expressly recognizes that the speed at which any services are provided does not depend on the services offered by the HOK but is in each case subject to the attributes and conditions of the electronic and technical specifications of the subject connection type (cable, ADSL, 3G, 4G, 5G, etc.) and their own internet access.
4. Costs/Payment
4.1. Costs for the offered tele-medical services shall be calculated vis-à-vis the patient based on those terms set forth on www.hormononlineklinik.de and are due and payable in advance. The patient expressly declares their agreement to invoicing by and payment to SpiceConsult, Ltd.
4.2. It is possible to cancel an appointment up until 48-hours beforehand and receive reimbursement for the respective payment made. Any such cancellation must be made in writing to the following email-address and received within the aforesaid timeframe: info@hormoneonlineklinik.de. Should the cancellation be received after expiration of 48-hours prior to the tele-medical appointment no refund is available. In individual cases, or in cases of emergency, the HOK may in its sole discretion and without any guaranty offer to credit that paid amount to a later appointment, whereby no related claim on the part of the patient is hereby either created or implied. The patient herewith expressly agrees to the foregoing.
4.3. Other services (e.g., website, etc.) are provided to the user free of charge. Nevertheless, the patient / user shall exclusively bear any costs resulting from or relating to any use of any devices or equipment (such as, without limitation, any computers telephones, software, or other electronic communication media), necessary to access or allow for the performance any services or, as the case may be, any costs resulting from the usage thereof (such as, without limitation, any telecommunication or internet usage or supplier fees). It is the sole responsibility of the patient / user to become informed regarding any such costs.
4.4. Payment can be made to the HOK using the following payment methods:
· Certain credit cards
· PayPal
Payment shall occur exclusively through the aforesaid payment methods.
4.3.1 In the event of payment via credit card, the individual payment and usage terms and conditions of the respective credit card provider shall apply.
4.2.2. Should the patient decide to pay using one of the payment methods offered by PayPal, payment processing shall occur via the payment services provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). The individual payment and usage terms and conditions of this payment services provider shall then apply, which are available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Should the patient not dispose over a so-called “PayPal account”, the payment and usage terms and conditions shall apply that are available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Should the patient choose the option of PayPal direct debit, PayPal shall debit the invoice amount as soon as the patient has submitted a SEPA-direct debit mandate, but not prior to expiration of the prior information period. Should such direct debit not be cashed as a result of false bank information or insufficient funds, or should the patient revoke such debit, the patient shall be solely responsible for any related fees on the part of the subject financial institution to the extent these are attributable (either in whole or in part) to the patient. Should the patient choose the option “PayPal-invoice”, the payment claim shall be assigned to PayPal. Before accepting any such assignment declaration, PayPal shall conduct a credit review using the transferred patient data. PayPal thereby reserves the right to decline payment by invoice such credit review prove negative. Should such payment method be accepted, the invoice amount is due and payable to PayPal within 30 days to the extent that no other payment deadline has been determined. Such debt-discharging payment is only possible via PayPal. PayPal’s general terms and conditions regarding purchase on account are available at: https//www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.2.3. Any costs for any treatment, consultation or any other services performed on behalf of the patient are strictly private in nature and due and payable directly from the patient. Any full or partial coverage on the part of any insurer or provider under any circumstances is expressly neither guaranteed nor warranted. It is the sole and exclusive duty of the patient to, if so desired, separately to determine any reimbursement possibilities prior to the beginning of the treatment relationship. The HOK does not engage in any settlement with any health insurance provider, regardless of whether private, public or mixed. Should, however, the patient submit an HOK invoice to a health insurance provider, and such invoice not be or only partially be reimbursed, the HOK shall under no circumstances be in any way obligated regarding any such full or partial amount, and any related liability is expressly excluded.
4.2.4. Should the patient desire, the patient may receive an invoice corresponding to the German GOÄ insurance rates for the patient’s respective 50, 30 or 15 minute consultations, whereby it is agreed that these shall exceed the maximum levels set forth in the German GOÄ. The patient expressly and fully agrees to such increased rates separately and prior to conclusion of the treatment contract and treatment.
5. Limitation of Liability
5.1. Any liability on the part of the HOK in relation to its telemedical services shall in all instances be expressly limited to applicable legal and statutory requirements. Under no circumstances shall the HOK or any of the treating physicians be in any way liable for any indirect or extenuated damages including, without limitation, any consequential damages in relation to any tele-medical or other services. Indirect or consequential damages are such damages not resulting directly or exclusively from the non-performance of any service on the part of the HOK. The foregoing limitation of liability shall not apply in cases of duly proven gross negligence or willful misconduct.
5.2. Each patient shall receive detailed information regarding any treatment or recommended pharmaceuticals or other treatment items. Certain side effects or attendant symptoms or effects can never be entirely excluded for all individuals. Therefore, no liability can be assumed (either express or implied) in relation to any safety or tolerance issue in relation to any pharmaceutical or similar item prepared by or acquired from any external pharmacy or pharmaceutical producer.
5.4. The HOK and, as the case may be, SpiceConsult Ltd. use personal data only for the website www.hormononlineklinik.de or the performance of the services offered therein. No personal data shall be supplied to any third party without express consent, and any collection, usage or further transfer of such personal data shall be subject to the laws and regulations regarding personal data of the legal system applicable to these GT&C.
5.5. Expressly excepted from the foregoing is the transfer of any personal data to any third parties for purposes of contractual data processing to fulfill any agreed services or to meet legal or regulatory requirements or in cases of medical emergencies as determined in each case by the treating physician, and whereby the patient hereby declares their express consent to each of the foregoing.
5.6. Patients shall only transfer their own personal data or that of their minor children to the HOK or to the website www.hormononlineklinik.de, and we neither request, nor shall we collect or use, any third-party data without any corresponding valid and binding legal basis.
5.7. The Website www.hormononlineklinik.de protects your data from unauthorized third-party access, whereby in the case of unencrypted or unsecured data transfer (e.g., via email or app) there is a risk of unauthorized access or use. No liability is assumed in such regard.
5.8. To the extent that the HOK employs so-called “cookies“ these shall not collect personalized data. No liability is assumed for the effects of any third-party cookies already existing on your device. Furthermore, neither the HOK nor SpiceConsult Ltd. assume any liability in regard to any links to any third party or as regards the content or functionality of their websites or online presence.
5.9. www.hormononlineklinik.de may use Google Analytics, a web-analysis service provided by Google Inc., to allow for better analysis of the website. In such case, the information gained using Google Analytics regarding your usage of this website would be transferred to and stored in a server of Google Inc. Google only uses such information to analyze website usage in the form of anonymized evaluations and graphic representations regarding the number of visits per user, etc. The HOK shall use such data exclusively for purposes of market research and, in particular, for optimizing the strucutre and content of its website according to demand. More information regarding the technologies employed by Google is available at www.google.com/analytics.
6. Termination of Treatment
6.1 Should during the course of treatment the treating physician come to the conclusion come to the conclusion that the standard of specialized medical care can no longer be maintained, she shall terminate the treatment. In cases of emergency, the treating physician reserves the right to contact emergency services.
6.2 Additionally, the treating physician shall terminate treatment when:
• she has reached the limits of her personal, staff or therapeutic capacity or
• when the goals of the therapeutic or treatment measures – including without limitation the patient’s healing or rehabilitation – can no longer be achieved.
Furthermore, the treating physician will terminate tele-medical treatment if
• the digital transfer of information is no longer state of the art, or
• the quality of digital transfer is insufficient, or
• the patient is incapable of meeting or maintaining the requirements of tele-medical services.
6.2. Should the patient revoke her consent to telemedical treatment or otherwise indicate that she no longer wishes to receive telemedical services (for example by ceasing communication), the tele-medical relationship shall terminate with immediate effect for the future. The HOK reserves the right to at any time immediately suspend or revoke access for any reason given prior notice and good cause. After termination, the patient / user shall remain bound by all relevant portions of these GT&C.
7. Termination of Treatment Contract
7.1 The treatment contract regarding telemedical services shall terminate by way of performance, transfer to a different medical services provider or as set forth in Section 6, above.
7.2 The patient may as set forth herein terminate the treatment contract at any time.
8. Right of Revocation
Patients are entitled to revoke their acceptance of the services of the HOK as set forth according to applicable legal, statutory and regulatory provisions. Further details regarding such right of revocation are set forth in the following: Revocation Notice: You may revoke your treatment contract within 14 days in written form (e.g., per letter, fax or email) without stating cause. The time period for the revocation deadline begins with the date of the conclusion of the treatment contract. Written revocation should be directed to info@hormoneonlineklinik.de
9. Applicable Law & Jurisdiction
10. Other
Should any provision of these GT&C be or become either partially or fully invalid or unenforceable, should invalidity or unenforceability shall have no effect on any other provision of these GT&C or on these GT&C in their entirety, and such provision shall be deemed severed. The same shall apply accordingly to any legal gaps or lacunae.
These GT&C may be published in various languages, whereby in case of any doubt or deviation the English-lanuage version of these GT&C shall control exclusively.