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General terms and conditions of use

These legal texts have been retained from the previous website. They contain historical service-provider and legal references; the visual relaunch does not confirm that they have been legally updated. This English translation is a reading aid. The original German text is available through the language selector. For questions, contact info@mypraxis.de.

General Terms and Conditions of Business and Use for registered users

Contents

Section 1 Preamble; Section 2 Scope / amendments and additions to these Terms; Section 3 Registration and conclusion of a user agreement; Section 4 Consent to processing special-category personal data under Article 9(1) GDPR; Section 5 Creation and activation of an account; access to MyPraxis services; Section 6 Usage fees; Section 7 Scope of use / use for third parties; Section 8 Practice search (search function) and practice information; Section 9 Booking, rescheduling and cancelling appointments and prescription requests; Section 10 Arranging appointments with other practices; Section 11 Practice location and navigation assistance using external maps; Section 12 User obligations; Section 13 Consequences of breaches of these Terms by the user; Section 14 Liability / limitation and exclusion of liability; Section 15 Termination of the user relationship; Section 16 Final provisions.

Section 1 Preamble

These General Terms and Conditions of Business and Use (the “Terms”) of

AppErfolg · Tobias Reittinger · Hafnerstraße 4 · 93413 Cham, Germany (referred to below as “MyPraxis”)

apply to registered users (“users”) of www.mypraxis.de in conjunction with the associated “MyPraxis” application (“app”).

Users of MyPraxis within the meaning of these Terms are either patients themselves at a practice using MyPraxis services or persons authorised to act for third parties who are or wish to become patients of that practice. A patient is a person who uses or wishes to use medical services or treatment.

A person may also be a user if they use MyPraxis only to search for a suitable practice for themselves or a third party without wishing to use MyPraxis services.

“Practice” within the meaning of these Terms includes all members of healthcare professions and alternative practitioners (Heilpraktiker).

MyPraxis does not itself provide medical or other treatment or related advice or information, and the services it offers cannot replace such treatment, advice or information.

Under these Terms, MyPraxis enables users to book, reschedule or cancel medical appointments and submit specific prescription requests with practices using MyPraxis, for themselves or third parties such as spouses, partners or relatives, conveniently and automatically online through the app or website, from anywhere and at any time, and receive corresponding appointment and collection reminders (the “services”).

MyPraxis also enables users to search quickly and easily for a suitable practice, including contact and address details (the “search function”).

Using MyPraxis simplifies the establishment and conduct of the treatment relationship, facilitates communication between practice and patient, and provides benefits for both users and practices.

The relevant practice alone is responsible for properly carrying out the treatment relationship itself. Treatment may in particular involve charges, over which MyPraxis has no influence. MyPraxis also has no knowledge of whether a user is experiencing an emergency when using the services. In emergencies, users are therefore responsible for taking the necessary steps to obtain immediate emergency treatment, for example attending an emergency department, using the out-of-hours medical service or consulting an emergency doctor.

MyPraxis provides its search function and the information transmitted through it, such as practice name, profile, services, address and contact details, solely on the basis of careful research using publicly accessible sources such as telephone or address directories and other practice websites, unless the practice already uses MyPraxis under a licence agreement and has supplied the necessary practice information. In either case, MyPraxis has no influence over, and cannot guarantee or warrant, the accuracy, completeness or currency of practice information. MyPraxis also does not know whether a request for contact concerns an emergency. In an emergency, it therefore cannot guarantee or warrant quick and direct contact with a practice using the information held by MyPraxis. Here too, users are responsible for taking the necessary steps to obtain immediate emergency treatment.

By registering with MyPraxis, the user agrees that these Terms apply.

Section 2 Scope / amendments and additions to these Terms

1)

These Terms apply to all users registered with MyPraxis.

All natural persons of legal age whose primary residence is in Germany are eligible to use the services. Eligibility does not, however, create an entitlement to use them.

2)

These Terms apply until they are validly amended or supplemented. MyPraxis reserves the right to amend or supplement them at any time where there is a contractual gap, a change in legislation or case law, or a change in economic circumstances, for example a disproportion between performance and consideration, provided this does not place the user at an unreasonable disadvantage.

MyPraxis users are informed personally of planned amendments or additions and their effective date in good time, at least 30 days before they take effect, by email or when using their user account (“account”). Users may object to the planned amendments or additions by ending their registration and deleting their account within two weeks of receiving the information. If the user does not object within that period, the amendments or additions and their effective date are deemed approved. The user is separately reminded of this deemed approval when informed of the planned amendments or additions.

Section 3 Registration and conclusion of a user agreement

1)

Use of MyPraxis services requires registration and creation of an account.

Users have the option of protecting access to MyPraxis services against unauthorised third parties by setting a password initially or later.

2)

Registration constitutes an offer to conclude an agreement on use of MyPraxis services. This offer is accepted by activation of the account.

3)

By registering, the user confirms that they:

4)

MyPraxis reserves the right to verify the user's confirmation under section 3(3) at any time by requesting appropriate evidence.

Section 4 Consent to processing special-category personal data under Article 9(1) GDPR

By registering with MyPraxis and agreeing that these Terms apply, the user also consents to potential processing of their special-category personal data under Article 9(1) GDPR, in particular health data under Article 4(15) GDPR, when using MyPraxis services.

The user is aware that processing special-category data, in particular health data, is necessary for proper contractual provision of MyPraxis services, particularly appointment booking and prescription requests. Without the user's consent, there is no legal basis for this processing and the user cannot properly use MyPraxis services.

This consent is given to the relevant practice as controller for processing special-category data under Article 9(1) GDPR, in particular health data. MyPraxis acts solely as processor and follows the responsible practice's instructions.

The user's consent covers the following processing operations, whether or not by automated means; see Article 4(2) GDPR:

The user's consent covers the following special-category data under Article 9(1) GDPR, in particular processing the following health data under Article 4(15) GDPR:

Data about the reason for intended medical treatment: illnesses, clinical condition, health complaints, symptoms, physical or mental impairments, course or status of treatment, form of treatment and medication. Data about the user's current or intended medication, particularly for prescription requests: name of medication taken or to be taken, duration and frequency of intended use, side effects or complaints during use, medication history or treatment plan, and mental and/or physical health. Data permitting inferences about healthcare services: previous or future treatment providers and their services (appointment history), and further free-text notes within the patient record. Appointment status: type of status, such as “In the waiting room” or “In treatment”. Processing takes place exclusively for the following purposes:

The following risks exist for the user:

Consent is voluntary and may be withdrawn by the user at any time with future effect. Once the withdrawal is received, the data may no longer be processed and must be deleted without delay. Withdrawal does not affect the lawfulness of processing already carried out.

The user may address their withdrawal to MyPraxis, which processes special-category data, particularly health data, on behalf of the relevant practice as controller under Article 28 GDPR. A simple email to info@mypraxis.de indicating that the right to withdraw is being exercised is sufficient.

The user may also withdraw consent directly from the relevant practice as controller. A corresponding email declaration is likewise sufficient; the practice's contact details must be used for this purpose.

The privacy policy for registered MyPraxis users also applies in addition to the above to processing based on this consent.

Section 5 Creation and activation of an account; access to MyPraxis services

When the user agreement is concluded, an account is created and activated for access to MyPraxis services.

Section 6 Usage fees

Use of MyPraxis services is free of charge for the user. The specific treatment relationship with the relevant practice may, however, involve costs for the user.

Section 7 Scope of use / use for third parties

1)

MyPraxis services comprise:

2)

The user may use MyPraxis services for third parties, such as family members, partners or spouses. This requires the third party's prior consent to processing their personal data, including special-category data under Article 9(1) GDPR such as health data, and their agreement to use of the services (declaration of consent and agreement). The user confirms that valid consent and agreement have been given by the third party when completing registration with MyPraxis, and at the latest when adding that person and their details to the account.

A user wishing to use MyPraxis services for a third party must provide evidence of that party's consent and agreement when MyPraxis requests it. Use of the services may be made conditional on such evidence.

3)

MyPraxis provides services only within its technical and operational capabilities. Users have no entitlement to particular content or unrestricted availability. In particular, the content, scope, availability and usability of services depend on which practices use MyPraxis and whether third-party network or service providers are required, for example an external server for data backup and communication. MyPraxis has no influence over those providers' technical capabilities, temporary limitations or disruptions. For these reasons, MyPraxis does not undertake to provide its services without limitation as to time, place or technology, as it cannot offer a warranty or guarantee to that effect.

4)

On conclusion of the user agreement, the user receives a non-exclusive right to use MyPraxis services for the duration of registration. Conclusion of the agreement does not establish any further rights for the user.

Section 8 Practice search (search function) and practice information

Users can search quickly and easily for a suitable practice and retrieve practice information, such as name, profile, services, contact details and address.

If a practice already uses MyPraxis under a separate licence agreement, its information and data are collected directly from that practice. The practice alone is responsible for their completeness, accuracy, currency and scope.

If a practice listed and retrievable on MyPraxis does not yet use the service under a licence agreement, MyPraxis obtains the information through careful research using publicly accessible sources such as telephone and address directories or other practice websites. MyPraxis therefore cannot guarantee or warrant its completeness, accuracy or currency, or any particular scope of information. Any practice not using MyPraxis may at any time request deletion of the data and information held about it. Users consequently have no entitlement to retrieve or receive particular information or data about particular practices through MyPraxis.

Section 9 Booking, rescheduling and cancelling appointments and prescription requests

1)

Users may book appointments, reschedule or cancel existing appointments and submit specific prescription requests with practices using MyPraxis.

The following reminder functions are available for booked appointments or prescriptions ready for personal collection:

If users do not want reminders, or want them only through a particular channel such as email, they may disable individual or all reminder types and channels.

These reminder functions are also available for necessary recurring appointments, such as annual dental check-ups.

2)

Appointment bookings, rescheduling and cancellations are confirmed or rejected with binding effect exclusively by the practice, either immediately or after review. MyPraxis has no influence over successful completion of the user's appointment bookings, rescheduling or cancellations, as these concern only conduct of the treatment relationship and therefore the responsibilities and obligations of the relevant practice and user.

MyPraxis reserves the right to suspend the appointment booking, rescheduling or cancellation service for a user in whole or in part, temporarily or permanently, if informed by a practice that the user has repeatedly missed booked or rescheduled appointments or repeatedly cancelled them, and there are reasonable grounds to suspect that the service is being used contrary to its purpose and without a specific treatment objective.

3)

Users may request prescriptions from practices using MyPraxis. Prescription requests are confirmed or rejected exclusively by the practice after review, with notification when a prescription is ready for collection. Issued prescriptions may be collected personally by the patient or by someone authorised to collect them.

MyPraxis has no influence over successful completion of the user's prescription requests, as these concern only conduct of the treatment relationship and therefore the responsibilities and obligations of the relevant practice and user.

MyPraxis reserves the right to suspend prescription requests for a user in whole or in part, temporarily or permanently, if informed by a practice that prescriptions have repeatedly not been collected and there are reasonable grounds to suspect that the service is being used contrary to its purpose and without a specific treatment objective.

Section 10 Arranging appointments with other practices

A practice may arrange an appointment with another practice if required for the patient's treatment. This requires the user's prior consent to an appointment with another practice, which the treating practice must obtain separately before arranging the appointment.

Alternatively, a practice may use MyPraxis to suggest another practice for treatment, with the user then making the appointment themselves through MyPraxis services or by other means.

Section 11 Practice location and navigation assistance using external maps

Through their account, users may display and obtain the practice location and navigation using embedded external maps (Google Maps and Apple Maps).

This transmits data, in particular the user's IP address and device information, to the map provider, which may also set cookies.

This function is initially disabled. It is enabled in the user's account after express information about the nature and scope of data transmitted to the map provider and after obtaining the user's prior consent under Article 7 GDPR. The privacy policy for registered MyPraxis users must also be observed.

Alternatively, MyPraxis allows users to be redirected to the map provider's website and maps (Google Maps and Apple Maps). Data, particularly the user's IP address and device information, is transmitted and cookies may be set when the user initiates redirection to the maps. Before redirection, express information about the nature and scope of data transmitted to the map provider is given and the user's consent to the associated processing is obtained under Article 7 GDPR. The privacy policy for registered MyPraxis users must also be observed.

Section 12 User obligations

1)

Users must protect access to their account and MyPraxis services against unauthorised third parties insofar as the risks of unauthorised access fall, at least in part, within their own sphere of responsibility and influence.

2)

The obligations under section 12(1) include in particular keeping chosen access details, such as email address, telephone number and any password, confidential from third parties and protecting them against unauthorised access. If a user learns that unauthorised third parties have or may have obtained their access details, creating a risk of unauthorised use, the user must change their password and inform MyPraxis without undue delay.

In the event of unauthorised third-party use, or reasonable suspicion of it, MyPraxis reserves the right to suspend access to the account and services temporarily, informing the user without delay. The user is then given an opportunity to reactivate the account within MyPraxis's technical capabilities.

MyPraxis recommends changing or renewing the password from time to time and actively using up-to-date antivirus, antispyware and firewall software to reduce the risk of unauthorised third-party access.

3)

Users must use the services only for their intended purposes and must in particular refrain from advertising of any kind, actions deliberately harming MyPraxis or third parties, and commercial use of the services.

4)

From the start of registration, users undertake to provide the requested data truthfully and completely.

5)

Users warrant that data they transmit does not violate any law, in particular third-party rights of any kind or criminal law. Users specifically warrant that they use MyPraxis services for a third party only if that party has given the required consent and agreement under section 7(2), and the user has confirmed this to MyPraxis.

6)

If data submitted during registration becomes inaccurate or incomplete after registration and account creation, the user must correct and update the account and the data and information stored in it.

7)

In the event of temporary service unavailability or inability to access the account, users are responsible for keeping alternative copies of account data, such as appointment bookings and prescription collection dates, for alternative access, and protecting those copies and their storage location against unauthorised third-party access through appropriate safeguards.

Section 13 Consequences of breaches of these Terms by the user

1)

If a user breaches these Terms, or there is serious suspicion of a breach, MyPraxis reserves the right, depending on the circumstances and severity, to suspend or deactivate the account and services temporarily in whole or in part, or delete them permanently. Further contractual and statutory rights and claims of MyPraxis, particularly damages claims for culpable breaches, remain unaffected and are expressly reserved.

2)

If a user infringes third-party rights by breaching these Terms, the user indemnifies MyPraxis, its statutory or appointed representatives and/or its agents against any third-party claims asserted against MyPraxis as a result, whether justified or unjustified, and associated costs, for example necessary legal defence costs and costs of resisting claims.

3)

MyPraxis reserves the right to block individual data stored or transmitted by the user, temporarily in whole or in part, or delete it permanently, insofar as required by legislation or judicial or official orders.

Section 14 Liability / limitation and exclusion of liability

1)

For a slightly negligent breach of a material obligation under the user agreement (a “cardinal obligation”), MyPraxis's liability for damage caused by it, its statutory or appointed representatives and/or its agents is limited to foreseeable damage typical of the contract at the time the user agreement was concluded (limitation of liability). According to the case law of the highest courts, a cardinal obligation is one whose performance is essential to proper performance of the contract and on whose observance the other party may normally rely; cardinal obligations are therefore the contract's principal performance obligations in this respect.

2)

For a slightly negligent breach of another obligation under the user agreement that is not a cardinal obligation, liability for damage caused by MyPraxis, its statutory or appointed representatives and/or its agents is excluded (exclusion of liability).

3)

Limitations or exclusions of liability expressly do not apply to:

4)

MyPraxis is not liable for damage arising from inaccuracy or incompleteness of data, or unlawful or abusive use of data, transmitted by a user or practice or obtained through careful research from publicly accessible sources.

The user and the relevant practice alone are liable to persons affected by unlawful or abusive data use, or incomplete or inaccurate data, for all resulting damage.

In particular, MyPraxis does not warrant or guarantee the completeness, accuracy or currency of practice information and data retrievable by the user through the search function; see section 8.

5)

MyPraxis services are intended to facilitate the treatment relationship. However, the relevant practice and user, as parties to that relationship, alone are responsible for its proper conduct and performance of the resulting obligations. MyPraxis is therefore not liable for damage caused by breaches of contractual or other obligations arising from the treatment relationship.

In particular, MyPraxis has no influence over whether use of the services, such as booking, rescheduling or cancelling appointments or requesting prescriptions, achieves the desired result, for example a prescription being issued by the practice or an appointment being arranged, confirmed and attended. The practice and user alone are responsible for the cooperation required when using MyPraxis services and for proper conduct of the resulting treatment relationship.

6)

MyPraxis is not liable for damage caused by unauthorised third-party access to the user's account and stored data insofar as the user is responsible for that access through their own conduct, such as choosing not to enable optional password protection or inadequately protecting access details.

Regarding optional password protection, users are aware that only they can set up a password initially or later and that choosing not to do so significantly increases the risk of unauthorised access at their own responsibility. The user alone is liable for damage arising from that risk created by the user.

7)

Otherwise, MyPraxis's fault-based liability under statutory provisions remains unaffected. MyPraxis assumes no further guarantees, particularly regarding the completeness, accuracy, currency or truthfulness of information, data and content transmitted by practices, or proper conduct of a treatment relationship established between user and practice.

Section 15 Termination of the user relationship

1)

Users may permanently delete their account themselves without notice or giving reasons once there are no appointment or prescription requests awaiting processing and/or no booked appointments outstanding or prescriptions ready for collection. Deleting the account terminates the user agreement immediately.

If a user communicates termination of the agreement to MyPraxis by a method other than deleting the account, such as an email or postal notice, MyPraxis reserves the right first to verify that the termination declaration received originates from that user. If a user's declaration terminating the relationship is received by MyPraxis, MyPraxis may block and permanently delete the account at the termination date.

Data about the user and patient, appointment bookings, rescheduling and cancellations, prescription requests and other data transmitted to a practice through the user's account when using the services is not deleted when the user relationship ends and remains subject to processing by that practice as controller, provided it continues to have a legitimate interest in processing it.

2)

MyPraxis may terminate the user agreement informally at any time without notice or giving reasons, and permanently delete the account at the termination date. Section 15(1), third paragraph, also applies in this case.

Independently of any right to terminate the user agreement, MyPraxis may at any time and without giving reasons discontinue its services to the user in whole or in part and/or change their content and scope in whole or in part. Section 2(2) applies accordingly in the event of complete or partial discontinuation or change of the services.

3)

If the user breaches these Terms in a way entitling MyPraxis to delete the account permanently, the agreement between the user and MyPraxis ends immediately on final deletion of the account.

Section 16 Final provisions

1)

The exclusive place of jurisdiction for all disputes arising from the user agreement is MyPraxis's registered place of business at the time of the respective dispute, provided:

2)

The user agreement based on these Terms is governed exclusively by the law of the Federal Republic of Germany.