Terms and Conditions (GTC)
1. Application
1.1 These terms and conditions apply to the contractual relationship between the company Medizinio GmbH, Schwarzer Bär 2, 30449 Hannover, registered at the district court Hannover HRB 215837 (hereinafter: Medizinio) and the users of the online portal of Medizinio (hereinafter referred to as the website), and all subpages, application. However, they only apply if a different arrangement has not been made by individual agreement.
1.2 Users within the meaning of these terms and conditions are interested parties who make a request to the Medizinio online portal (hereinafter: interested parties) or contact the Medizinio in a different way, manufacturers of medical equipment or companies with the aim of sales of medical equipment (hereinafter: Partner ), which enter into the business directory, which receive the contact details of the interested parties (hereinafter: “leads”) of Medizinio. The terms and conditions apply to other companies accordingly. The use of Medizinio concludes a contract for the use of the Medizinio online portal with Medizinio.
1.2. Medizinio.de (hereinafter referred to as website) is operated by the Medizinio GmbH (hereinafter referred to as “Medizinio”). The services on Medizinio.de are described below.
1.3. Medizinio.de is aimed specifically at self-employed physicians, persons who are self-employed in health care professions, at hospitals and clinics and similar companies and service providers (hereinafter: interested parties). Medizinio.de supports them in the selection of providers and the purchase of equipment, software and services. The offer is explicitly not intended for patients or private individuals.
2. Services provided by Medizinio
2.1 Medizinio operates an online portal to inform interested parties about medical technology. Texts, graphics and tables are to be seen as an aid for the interested party only and do not replace the advice before buying suitable medical technology. Due to the limited or erroneous information input by the interested party in the request form of Medizinio may lead to inaccurate results.
2.2 As far as possible, submitted inquiries will be checked by Medizinio for accuracy and, if so, forwarded to suitable partners. The partners will then submit offers to the relevant interested parties. Hereby, Medizinio will mainly rely on partners, who in turn have registered for the Medizinio online portal. However, Medizinio is also entitled to induce other companies to submit tenders.
2.3 Even if the interested party goes through the inquiry form and checks by telephone, a request to the Medizinio online portal is only a non-binding invitation to submit offers and is not a binding contract. It is the sole responsibility of the prospective buyer that the information required to prepare an offer is accurately and completely entered in the request form and the corresponding contact form. The prospective buyer decides after receipt of any offers himself, whether and to whom he assigns the order.
2.4 Medizinio assumes only the mediation of the contact between prospective customer and partner. Neither the conclusion of the requested contract for the provision of services nor the successful execution of the contract is owed by Medizinio. Medizinio itself does not offer any articles and possible contracts based on the contact brokerage are only made between the respective interested parties and partners.
2.5 Medizinio will only submit inquiries to partners who have agreed to comply with current industry standards. Medizinio includes the capabilities of each partner in the Medizinio online portal, but can not check in detail whether a partner who makes an offer, is suitable for performing the job. However, the interested party has the opportunity to access experience reports of other interested parties and designated identifications of partners through the Medizinio seal in the Medizinio online portal.
Medizinio does not check the approval or legality of devices or offers. Medizinio preferably works with established companies, but does not assume any liability for the selection. There may be cheaper deals, more suitable devices or better suppliers within the EU for a specific request. Medizinio selects based on the information of the seller and the request of the user. This is done by submitting the complete request to selected sellers. If Medizinio does not find a suitable seller, this will become i.d.R. communicated to the user via email. The seller enters into direct contact with the user. Legal transactions, liability cases, etc. that arise from contact mediation are the sole responsibility of the buyer and seller. Medizinio can not be held liable for any damage incurred by the buyer or seller or any third party arising out of these transactions.
2.6 Articles published by the Website and contents of sellers do not represent the opinion of Medizinio and are in principle not reviewed by Medizinio for their legality, correctness and completeness. In the event that Medizinio itself publishes content, these are based on external information. Although Medizinio has been carefully researched, Medizinio assumes no liability for such content. For all content (text, graphics, spreadsheets and videos) on medizinio.de, it is generally the case that the medical information on this website can under no circumstances be regarded as a substitute for professional advice or treatment by trained and recognized physicians. The content of medizinio.de can not and must not be used to independently diagnose or initiate, discontinue or modify treatments.
2.7 The right of users to use the website exists only in the context of the current state of the art. Medizinio temporarily restricts its services if this is necessary in terms of capacity limits, the security or integrity of the servers or for the implementation of technical measures, and this serves the proper or improved provision of the services (maintenance work).
3. Rights and obligations of the interested parties
3.1 The use of the online tools of Medizinio and the submission of inquiries to the Medizinio online portal is free of charge for the interested parties. In principle, however, only serious inquiries may be made and these will be checked by Medizinio as far as possible. The inquiries are determined on the one hand by the request form of Medizinio and on the other hand subsequently finalized on the platform between Medizinio and prospective customer.
3.2 The interested party is responsible for the accuracy and completeness of the information provided in the context of a request. If he is not sure what information is required to make an offer, this can be clarified in a subsequent telephone call with Medizinio, so that there is the possibility to offer different alternatives.
3.3 Running In contravention of the above requirements or if there are indications that the rights of third parties are being infringed, then Medizinio is entitled to delete parts or complete requests at its discretion.
4. Rights and obligations of the partners
4.1 partnership
4.1.1 To use the online portal of Medizinio, registration as a partner in the Medizinio online portal is required. For partners, registration on the Medizinio online portal in the business directory is permanently free. The Partner is obliged to provide proper and correct information when registering. Changes to the data must be communicated to the partner immediately and unsolicited during the partnership. Medizinio is entitled to terminate a partnership if the partner fails to meet its obligations.
4.1.2 Registration as a partner is only permitted if the latter legally offers goods or services in a legally admissible manner. The activities of the partners must be accompanied by a valid business registration or equivalent official document proving an existing trade. In addition, if necessary for the activity, an appropriate insurance (for example, business liability) must be present.
4.1.3 Medizinio is entitled to demand suitable proof of the above prerequisites prior to registration. In addition, registering as a partner or unlocking the full functionality provided to partners may be subject to the conclusion of a quality agreement. Companies may only register once in the Medizinio online portal. Nevertheless, if a multiple registration takes place, Medizinio is entitled to terminate and cancel the partnership.
4.1.4 The Partner is obliged to provide an e-mail address to Medizinio. Medizinio is entitled to send declarations to the partner to this e-mail address, unless a more stringent form is required by law or agreement. The Partner must ensure that e-mails sent to the e-mail address in question are actually received. In particular, he has to ensure that the e-mails are not rejected, for example because the permissible storage volume is exceeded in the provider used or automated filters (so-called spam filters) are activated.
4.1.5 Medizinio works particularly closely with selected and personally audited manufacturers and sales organizations that meet the high quality standards of Medizinio (partners). This close cooperation between Medizinio and partners is regulated in separate cooperation agreements and always includes an additional, personal qualification process compared to the sole registration of partners in the business directory.
4.1.6 The partnership can be terminated by both parties at any time without notice by giving notice (in writing).
4.2 Provisions for partners
4.2.1. Medizinio submits inquiries from prospective partners to partners after interested parties have received comprehensive advice from Medizinio and the lead has been so qualified.
4.2.2 The Partner is only entitled to use the Medizinio-powered Medizinio online portal using the usual programs (Internet browser). In particular, the use of automated software (such as scripted programs) is inadmissible. This applies in particular if the use of this software is used to generate or obtain certain data.
4.2.3 Medizinio is entitled to set up a rating system with which the interested parties can rate the partners. If a prospective customer participates in this rating system, he is obliged to provide only truthful information and to observe the applicable law. The information must be factual and may only relate to the person to be assessed. An examination of the truth content by Medizinio does not take place. However, Medizinio may delete ratings or parts of reviews if there are indications that rights of third parties are being infringed.
4.2.4 It is not permitted to copy and otherwise use the contents of the Medizinio online portal without the prior express consent of Medizinio.
4.2.5 The passing on of the lead to the partners takes place for a fee.
4.2.6 The further framework conditions and conditions of the close partnership between partners and Medizinio are regulated in separate cooperation agreements.
5. Limitation of Liability
5.1 Medizinio is liable to companies (§ 14 BGB) only in the event that the legal representatives, the executives or other vicarious agents are guilty of intent or gross negligence.
5.2 Medizinio is liable to interested parties or consumers (§ 13 BGB) only in case of intent or gross negligence. This does not apply in the case of injury to life, body or health. In the case of breach of essential contractual obligations, default of the debtor or impossibility for which Medizinio is responsible, Medizinio shall be liable for any culpable conduct on the part of the employees and vicarious agents. In particular, Medizinio is in no way liable for results or recommendations for action from free consulting services, which a prospective customer claims. Liability claims, warranties and guarantees arise for prospective buyers only against partners from such legal transactions, which enter into prospects directly with partners.
5.3 The liability of Medizinio is generally limited to compensation for typical and foreseeable damage. Medizinio is not liable for damages that did not arise directly from the use of the Medizinio online portal and also for other financial losses such as lost profits. With regard to consumers (§ 13), these limitations of liability do not apply, on the one hand, to damages resulting from injury to life, limb or health, and, on the other hand, to other damages resulting from intentional or grossly negligent breach of duty by legal representatives, executives or other vicarious agents Medizinio are based.
5.4 Medizinio is not liable for breaches of duty arising in the context of any contractual relationship between the interested party and the Medizinio partner. The user indemnifies Medizinio in the internal relationship from all claims that another user makes against Medizinio for breaches of duty by the user. The user indemnifies Medizinio from all claims of other users and third parties that are asserted against Medizinio because of a violation of the law by the user in the Medizinio online portal content and / or because of its use by the user. Upon first request, the user assumes all medical costs arising from such an infringement, in particular the costs incurred for legal defense. This does not apply if the user is not responsible for the infringement. Further claims of Medizinio remain unaffected.
5.5 The aforementioned exclusions of liability and limitations of liability do not apply insofar as mandatory statutory provisions preclude.
6. Privacy
The collection, processing and storage of data takes place exclusively in accordance with the requirements of German data protection law. The privacy policy is an integral part of these terms and conditions and can be accessed at any time on the Medizinio online portal.
7. Transfer of rights and obligations to a third party
Medizinio is entitled to transfer the rights and obligations arising from the contractual relationship in whole or in part to a third party without any notice period. In the case of the partial or complete transfer of rights and obligations to a third party, the user is entitled to terminate the contractual relationship at the time of the transfer.
8. Change of the terms and conditions
Medizinio reserves the right to change these terms and conditions at any time without giving reasons. Changes will be communicated to partners and online partners by e-mail or in writing no later than two weeks before the entry into force. If partners, medical partners and online partners do not object to the validity of the new terms and conditions within two weeks after receipt of the notification, the changed terms and conditions shall be deemed accepted. Medizinio undertakes to inform the notification of the new terms and conditions of the importance of the above period, including the consequence of the non-objection.
9. Applicable law / jurisdiction
Jurisdiction for all disputes arising from the use of Medizinio.de is Hannover.
10. Final provision – Severability clause
If a provision of these GTC or other contractual agreements between the user and Medizinio turns out to be ineffective or becomes ineffective due to subsequent development, the remaining provisions remain unaffected. The law is replaced by an ineffective regulation or a potential regulatory loophole.
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