Terms and con­di­tions for video con­sul­ta­tion and medimentum 

Gen­er­al Terms and Con­di­tions of med­i­men­tum, Post­fach 420231, 12062 Berlin (“med­i­men­tum”), for the use of the video con­sul­ta­tion at onkologiewelt.eu and its sub­do­mains (“offer”).

1. Pre­lim­i­nary Remark 

On med­i­men­tum, patients have the oppor­tu­ni­ty to take part in video con­sul­ta­tion hours with the treat­ing health care pro­fes­sion­al (doc­tors, alter­na­tive prac­ti­tion­ers, psy­chol­o­gists, mid­wives, phys­io­ther­a­pists, speech ther­a­pists, vet­eri­nar­i­ans), med­ical prac­tices, clin­ics and cor­re­spond­ing insti­tu­tions or cor­re­spond­ing pro­fes­sion­als and insti­tu­tions main­tained by such pro­fes­sion­als) — pro­vid­ed that they are offer­ing video con­sul­ta­tion hours. The gen­er­al terms and con­di­tions (GTC) for video con­sul­ta­tion apply here. 

These terms and con­di­tions apply exclu­sive­ly to the use of video con­sul­ta­tion by patients. Oth­er offers from med­i­men­tum are not the sub­ject of these terms and conditions.

2. Scope of Services

  1. med­i­men­tum offers an online, audio and com­mu­ni­ca­tion ser­vice that patients can use to get in touch with health pro­fes­sion­als. Patients can arrange and con­duct a video con­sul­ta­tion with the health care pro­fes­sion­al. The video con­sul­ta­tion takes place direct­ly between the health care pro­fes­sion­al and the patient via an encrypt­ed con­nec­tion. med­i­men­tum only pro­vides the use of the service.
  2. Med­i­men­tum is not respon­si­ble for the con­tent of com­mu­ni­ca­tion between health care pro­fes­sion­al and patient. med­i­men­tum does not offer any med­ical or ther­a­peu­tic ser­vices beyond the ser­vice descrip­tion on the web­site www.medimentum.de and beyond. Nei­ther the use of med­i­men­tum nor the arrange­ment of video con­sul­ta­tion hours with health pro­fes­sion­als can replace a tra­di­tion­al doctor’s vis­it. Vis­it a doc­tor or psy­chother­a­pist on site or, in urgent cas­es, an emer­gency room. Spe­cial pro­fes­sion­al reg­u­la­tions and restric­tions apply to med­ical and ther­a­peu­tic care over the Inter­net. The range of ser­vices is there­fore lim­it­ed to the cur­rent legal options. Spe­cial notes in the descrip­tion of ser­vices and pro­vi­sion of ser­vices are binding.
  3. The use of med­i­men­tum is free of charge for patients. For the ser­vices pro­vid­ed by health care pro­fes­sion­als, they may charge sep­a­rate fees. These are clear­ly indi­cat­ed to the patient.
  4. As soon as the patient con­tacts a health care pro­fes­sion­al, a sep­a­rate con­tract is con­clud­ed with the health care pro­fes­sion­al. This can result in costs for the patient. The patient will be informed about this sep­a­rate­ly by the health care professional.

3. Use

  1. The use of the med­i­men­tum video con­sul­ta­tion requires that the patient truth­ful­ly and com­plete­ly trans­mits all the data request­ed in the appoint­ment book­ing mask to med­i­men­tum. To use it, the patient must be at least 18 years old and have unlim­it­ed legal capacity.
  2. By accept­ing the gen­er­al terms and con­di­tions in the course of book­ing an appoint­ment via opt-in, a usage agree­ment is con­clud­ed in accor­dance with these gen­er­al terms and conditions.
  3. It is not nec­es­sary for the patient to book an appoint­ment if the patient reg­is­ters via a TAN gen­er­at­ed by med­i­men­tum and trans­mit­ted by the health care pro­fes­sion­al. In such a case, when enter­ing the TAN, the patient is asked to agree to these gen­er­al terms and con­di­tions and to take note of medimentum’s data pro­tec­tion dec­la­ra­tion. Any fur­ther input of data by the patient is not required. The patient then goes into the vir­tu­al wait­ing room and the video con­sul­ta­tion begins as soon as the health­care pro­fes­sion­al starts the appointment.
  4. There is no legal enti­tle­ment to use medimentum’s ser­vices. med­i­men­tum is enti­tled to refuse reg­is­tra­tion with­out giv­ing reasons.

4. Usage Rights

  1. The patient is only enti­tled to the rights grant­ed to the Inter­net offer in accor­dance with these gen­er­al terms and conditions.
  2. The con­tent, infor­ma­tion, images, videos and data­bas­es pub­lished via the med­i­men­tum ser­vice are fun­da­men­tal­ly pro­tect­ed by copy­right and are usu­al­ly owned or licensed by medimentum.
  3. The con­tent of the ser­vice may only be used or repro­duced for per­son­al and not for com­mer­cial pur­pos­es. Pass­ing on the con­tent is pro­hib­it­ed with­out the express, writ­ten con­sent of medimentum.

5. Patient Data / Data Protection

  1. Video con­sul­ta­tion hours are nei­ther record­ed nor saved by medimentum.
  2. In addi­tion, ref­er­ence is made to the data pro­tec­tion dec­la­ra­tion avail­able on the web­site under the domain named at the begin­ning of these Terms and Conditions.
  3. All health pro­fes­sion­als at med­i­men­tum are sub­ject to pro­fes­sion­al con­fi­den­tial­i­ty towards third par­ties. In excep­tion­al cas­es, in which, accord­ing to the assess­ment of the health care pro­fes­sion­al, a risk for the patient or third par­ty must be assumed (sui­cide or killing, abuse of chil­dren, etc.), there is a legal oblig­a­tion to pro­vide information.

6. Avail­abil­i­ty

The range of ser­vices is usu­al­ly avail­able 24 hours a day. This does not apply to the times when data back­up work is car­ried out and sys­tem main­te­nance or pro­gram main­te­nance work is car­ried out on the sys­tem or the data­base. 2. med­i­men­tum is con­stant­ly striv­ing to ensure the prop­er oper­a­tion of the offer, but is not respon­si­ble for the unin­ter­rupt­ed usabil­i­ty or acces­si­bil­i­ty of the offer and in par­tic­u­lar is not liable for tech­ni­cal delays, inter­rup­tions or failures. 

7. Lia­bil­i­ty

  1. Medimentum’s lia­bil­i­ty, regard­less of the legal rea­son, for dam­age caused by it, its legal rep­re­sen­ta­tives or their respec­tive vic­ar­i­ous agents — sub­ject to para­graph 2 — is lim­it­ed as fol­lows:
    ▪ In the event of a slight­ly neg­li­gent breach of an essen­tial oblig­a­tion aris­ing from the con­trac­tu­al oblig­a­tion (“car­di­nal oblig­a­tion”), medimentum’s lia­bil­i­ty is lim­it­ed to the amount of dam­age that was fore­see­able at the time the con­tract was con­clud­ed and typ­i­cal for the con­tract. “Car­di­nal oblig­a­tions” are those oblig­a­tions, the ful­fill­ment of which makes the prop­er exe­cu­tion of the con­tract pos­si­ble in the first place and on the obser­vance of which a con­tract­ing par­ty can reg­u­lar­ly rely;
    ▪ med­i­men­tum is not liable for the slight­ly neg­li­gent breach of non-essen­tial oblig­a­tions from the con­trac­tu­al relationship.
  2. The afore­men­tioned lim­i­ta­tions of lia­bil­i­ty do not apply in the event of gross neg­li­gence or will­ful action, as well as in cas­es of manda­to­ry legal lia­bil­i­ty, in par­tic­u­lar in the case of assump­tion of a guar­an­tee or in the event of cul­pa­ble injury to life, body and health.

8. User Obligations

The patient is oblig­ed to pro­vide infor­ma­tion that is required for the pro­vi­sion of the ser­vices cor­rect­ly, com­pre­hen­sive­ly and truthfully. 

9. Block­ing of Access / Termination

  1. med­i­men­tum reserves the right to inves­ti­gate these process­es if it is sus­pect­ed of improp­er use or a sig­nif­i­cant breach of con­tract, to take appro­pri­ate pre­cau­tions and to block the patient’s access if there is jus­ti­fied sus­pi­cion. If the sus­pi­cion can be dis­pelled, the block­ing will be lift­ed again, oth­er­wise med­i­men­tum has an extra­or­di­nary right of termination.
  2. Each par­ty has the right to ter­mi­nate for an impor­tant rea­son. The ter­mi­na­tion must be in text form (e.g. by email). When the ter­mi­na­tion takes effect, the patient’s access to the med­i­men­tum ser­vices will be blocked.

10. Changes / Addi­tions to the Terms of Use

med­i­men­tum reserves the right to change these gen­er­al terms and con­di­tions in whole or in part at any time in the event of a loop­hole in this agree­ment or in the event of a dis­rup­tion in the orig­i­nal rela­tion­ship between ser­vice and con­sid­er­a­tion, pro­vid­ed you are not unrea­son­ably dis­ad­van­taged. This is espe­cial­ly the case if the changes are with­out eco­nom­ic dis­ad­van­tages for you, e.g. if the gen­er­al terms and con­di­tions are adapt­ed to changed reg­is­tra­tion pro­ce­dures and changed func­tion­al­i­ties or ser­vices. You will be informed of the changes in good time by e‑mail or when you log in before the new gen­er­al terms and con­di­tions come into force; in doing so, we keep a rea­son­able dead­line. If the changes are not accept­able to you, you can ter­mi­nate your reg­is­tra­tion at any time. The changes are con­sid­ered approved if you con­tin­ue to use med­i­men­tum domains and sub­do­mains after the changes come into effect. You will be informed of these legal con­se­quences separately. 

11. Final Provisions

  1. The exclu­sive place of juris­dic­tion for all dis­putes aris­ing from this con­tract is Berlin, pro­vid­ed the mem­ber is a mer­chant or does not have a gen­er­al place of juris­dic­tion in Ger­many; this also applies in the event that the mem­ber relo­cates his domi­cile or habit­u­al abode out­side of Ger­many after the con­clu­sion of the con­tract or his domi­cile or habit­u­al abode is not known at the time a law­suit is filed.
  2. The law of the Fed­er­al Repub­lic of Ger­many applies exclu­sive­ly to the exclu­sion of the UN-Sales Law and Ger­man Inter­na­tion­al Pri­vate Law.
  3. Should pro­vi­sions of these gen­er­al terms and con­di­tions be or become inef­fec­tive in whole or in part, the remain­ing pro­vi­sions shall remain unaffected.