Terms of use, focus-health search

Terms of use, focus-health search

Terms of use “FOCUS HEALTH doctor search”

FOCUS Line Extensions GmbH
Arabella Street 21
81925 Munich

Managing Director: Burkhard Graßmann
Commercial Register: District Court Munich, HRB 225367
VAT ID: DE815629618

preamble

The FOCUS Line Extensions GmbH (hereinafter referred to as “FOCUS”) provides users with a physician search on their website and as an app. The physician search is available to all users free of charge.

Users also have the option of registering via the app or via the website for the “FOCUS HEALTH physician search” offer free of charge in order to make use of additional options (such as the creation of a list of favorites with found doctors or direct contact with doctors via the contact form) ).

Doctors also have the option to convert their user account into a free standard entry for physicians. This will then give you the opportunity, e.g. Personal data, practice information or to edit the profile picture (https://focus-arztsuche.de/fuer-aerzte).

These Terms of Use govern the contractual relationship between you and FOCUS for the use of the functions subject to registration of “FOCUS HEALTH physician search”.

1. Scope

(1) These Terms of Use apply to all free services currently and in the future offered on “FOCUS HEALTH physician search” on the website or in the app, such as the standard entry for physicians until the amendment or supplement to the terms of use according to Section 8.

(2) Other offers of FOCUS are not subject of these Terms of Use.

2. Beneficiaries

(1) Only persons of legal age are entitled to use. The FOCUS is entitled at any time to submit appropriate evidence. In justified doubts FOCUS is entitled to exclude a user at any time.

(2) By registering with “FOCUS HEALTH physician search” you confirm that you belong to the authorized group of persons. You agree to provide the correct and complete information requested during the registration process. In the event of a change of this data, you undertake to process your profile without delay at “FOCUS HEALTH physician search”. The FOCUS is entitled at any time to demand proof of the existence of the conditions and the accuracy of the information.

3. Registration and login

(1) In order to register for “FOCUS HEALTH physician search”, you must either enter your salutation, your first and last name, your e-mail address and a password of your choice during the registration process or you can use your Register a Facebook or Google account. The FOCUS reserves the right not to accept the registration without giving reasons. After registering, you can log in to “FOCUS HEALTH doctor search” either by e-mail address and password or by your Facebook or Google account. In the case of a registration via Facebook or Google account, however, a later login with e-mail address and password is only possible if a user-selected password was previously assigned in the user profile.

(2) The FOCUS reserves the right to individual functions and content (hereinafter referred to as “Content”) within “FOCUS HEALTH physician search” only under additional conditions (eg use only for specific purposes) and on a separate application or for consideration to provide. The requirements in each case are published in “FOCUS HEALTH physician search”.

4. Scope of “FOCUS HEALTH physician search”

(1) The contents of “FOCUS HEALTH physician search” are granted free of charge, but only within the technical, operational and financial capabilities of FOCUS.

(2) A claim to the provision of certain content in “FOCUS HEALTH physician search” does not exist. The FOCUS gives no assurances for a specific scope of services and the error-free and uninterrupted availability of the content offered; This applies in particular to the availability of certain functions. Internet access is not part of the offer “FOCUS HEALTH doctor search”; each user is responsible for this as well as the state of their own hardware and software.

(3) FOCUS reserves the right to discontinue the offer “FOCUS HEALTH physician search” at any time and to change the content and content of “FOCUS HEALTH physician search”. You will be informed about this within a reasonable time.

5. Obligations of users, consequences in case of infringements

(1) You agree not to pass on your password to third parties and to protect it against access by third parties. You further undertake to inform FOCUS immediately as soon as you become aware that your password is being used by third parties unauthorized. The FOCUS is entitled to block access to “FOCUS HEALTH physician search”, if there is a reasonable suspicion that the password is being used by unauthorized third parties; You will be informed about this and have to assign a new password, as far as you have not consciously contributed to the abuse itself.

(2) As part of the free standard entry, physicians can upload content (e.g., practice information or a profile picture) to your profile to make it accessible to other people or to work on previously filed information (for example, on the office hours). The responsibility for uploaded content and edits is solely yours. In this respect, you agree not to violate the applicable statutory provisions (such as the law on the sale of medicinal products or other medical regulations) and, in particular, ensure that the content and edits uploaded by you do not violate any rights of third parties (eg copyrights, trademarks or personal rights) and you used personal data of third parties (eg your practice staff) are collected, processed or used only in the context of the relevant data protection regulations. For example, the inclusion of copyrighted content (such as photos) is expressly prohibited if you have not obtained the necessary rights of use by the copyright holders. In addition, you must ensure that you, in particular, do not upload content prohibited by the Criminal Code, such as insults and other defamatory statements.

(3) If you wish to provide information to and about third parties, such as your practice staff, you must ensure that the data subject agrees to the respective publication of the information and in particular a data protection consent and consent to the use of photos that reflect these persons , To give. FOCUS can demand at any time that you provide evidence to that extent.

(4) In case of violations of the aforementioned obligations FOCUS is – depending on the violation – entitled to block the access of the customer to FOCUS physician search, lock content or delete, disable accounts or in case of obvious misuse or use and other appropriate measures to protect against such infringements. The same applies in the event that there is sufficient suspicion of such violations as long as and to the extent that the respective responsible customer has not demonstrated the legality of the contested content or behavior.

(5) You undertake to indemnify FOCUS from all claims of third parties asserted against FOCUS in connection with the aforementioned violations and from any resulting costs; this includes the costs of proper legal defense. You are also required to assist FOCUS in defending against the aforementioned claims by providing statements, in particular sworn statements, and other information, and will seek to ensure that claims by third parties are asserted directly against you. All other rights of FOCUS remain unaffected.

6th seal

(1) FOCUS regularly seals doctors in certain categories.

(2) By awarding a seal, no claims are substantiated by the awarded doctors. Also, there is no claim to the award of seals, these are issued according to independent procedures (details at https://focus-arztsuche.de/ueber-uns/siegel).

(3) Lent labels may only be used by doctors after conclusion of a separate contract with FOCUS. In particular, the seals must not appear on the doctors’ practice homepage and not on brochures or other publications (online or offline).

(4) Incidentally, the awarding of the seal is not the subject of this contract.

7. Liability

(1) The liability of FOCUS, irrespective of the legal grounds, for damages caused by itself, its legal representatives or their vicarious agents – subject to paragraph 2 – is limited as follows:

  • In the event of a slightly negligent breach of a material obligation arising from the contractual obligation (“cardinal obligation”), FOCUS is liable to a limited extent for the damage foreseeable at the time the contract was concluded. “Cardinal duties” are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which a Contracting Party may regularly rely.
  • The FOCUS is not liable for the slightly negligent violation of non-essential obligations arising from the contractual relationship.

(2) The aforementioned limitations of liability shall not apply in the case of gross negligence or willful misconduct or in cases of mandatory legal liability, in particular if a guarantee or culpable injury to life, body or health is assumed.

(3) With regard to the avoidance of damage from data losses, the obligation of the user to regularly backup data.

8. Termination

(1) The use of “FOCUS HEALTH physician search” can be terminated by the FOCUS at any time with a period of 14 calendar days. Users can cancel the use at any time.

(2) The right to termination without notice for good cause remains unaffected.

(3) The termination must be in text form (for example, in writing, by e-mail or online in the user profile). The termination by e-mail should be sent to [email protected]. Terminations of the FOCUS are generally made by e-mail to the e-mail address stored in the user profile.

(4) In the event of termination, FOCUS is entitled to block and delete the respective user account as well as all data of the user. If the user is at the same time a doctor who has acquired a premium profile in “FOCUS HEALTH physician search”, the termination has no effect on the existence and termination possibilities of the premium profile contract.

9. Change of Terms of Use

(1) The FOCUS reserves the right to change these terms of use if the legal framework for the operation of “FOCUS HEALTH physician search” change, or if individual contents of “FOCUS HEALTH physician search” are revised or extended or if the Terms have gaps in the regulations, unless that is unreasonable for you.

(2) In the event of changes to the Terms and Conditions, FOCUS will inform the user by e-mail. The user’s consent to changes to the contract shall be deemed granted unless the user objects in writing to the changes within four weeks after receipt of the notification of amendment. The FOCUS will also inform customers of the consequences of a refusal in the notification of change. If the user objects to the new terms and conditions, FOCUS has the right to terminate the use with a notice period of seven calendar days.

10. Final provisions

(1) For all legal relationships of the contracting parties resulting from the use of the services of “FOCUS-GESUNDHEIT Arztsuche”, German law shall apply, excluding the UN Sales Convention (CISG) and international private law.

(2) As far as legally permissible, the place of jurisdiction is Munich.

(3) Should one of the provisions of these Terms of Use be or become ineffective, this shall not affect the validity of the remaining Terms of Use. In place of the invalid provision, the effective provision shall be deemed to have been agreed upon, which comes as close as possible to what was legally intended by the contracting parties according to the original purpose of the invalid provision. In the event of gaps, the provision which corresponds to what would have been agreed upon after due appraisal of the factual and legal situation as well as the meaning and purpose of these Terms of Use would have been considered from the outset.

(4) Additional agreements, additions, amendments and repeals to these terms of use must be made in writing in order to be valid. This also applies for the waiver of the written form requirement. If “written form” is required in these Terms of Use, this written form will not be protected by e-mail unless expressly stated otherwise.

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