English
§1 Validity and definition of terms
(1) E-derm-Consult GmbH (hereinafter referred to as “edermconsult”) operates a platform for communication between users and experts at www.telederm.at. The following terms and conditions apply to all services provided by us to our users (“patients”).
(2) Users within the meaning of these terms and conditions is any user who is registered on this platform.
(3) Unless otherwise expressly agreed, our general terms and conditions stated to the contracting party shall apply.
(4) Our contractual partner agrees that in case of doubt regarding the use of terms and conditions, our conditions shall be assumed, even if conditions of the contractor remain uncontested.
(5) Contract performance on our part shall not be deemed as acceptance of terms and conditions where these deviate from our terms and conditions. However, if ambiguities remain in the interpretation of the contract, these must be eliminated in such a way that the contents agreed upon are consistent with comparable cases.
§2 Conclusion of a contract and storage of the contract text
(1) On our website, conclusion of the contract for the use of our platform occurs when the user enters his/her name and email address at registration and clicks the “save” button.
(2) After conclusion of the contract, the contract comes with the
E-derm-Consult GmbH
Hans-Fritz-Weg 28
8010 Graz.
(3) Input errors can be corrected by means of the usual keyboard, mouse, or browser functions. Users can also correct this by canceling the registration process.
(4) Acceptance of the terms and conditions must be confirmed before each contract is concluded.
§3 Subject of the contract
(1) The user can register his/her data on our platform, which is in operation for 24 hours, 7 days a week, with the exception of announced shutdowns or force majeure.
(2) On our platform, which operates 24 hours a day, except for announced shutdowns or force majeure, the user can provide to our experts (contractors of the platform) anamnestic information on the past course of disease as well as up to four photos of the skin lesion or laboratory findings via secure communication.
(3) After using the payment function, the data will be transmitted and successful transmission confirmed by e-mail. The expert receives an email that the request has been received. After opening the link to the information, the photos will be examined by the expert, anamnestic information will be read and further therapy suggestions will be sent to the user via e-mail within two working days. The transmitted data from and to the user are stored.
§4 Remuneration
(1) Payment for each successful request to the expert must be transferred to edermconsult via the payment function to the amount specified in the application (including VAT).
(2) The user agrees that invoices to him/her will also be created and transmitted electronically.
§5 Duties of the user
a) Registration
(1) Free registration is a prerequisite for use.
(2) The user undertakes to provide only truthful and complete information about himself/herself.
(3) The user undertakes to keep the personal access requirements for his/her personal area secret and to prevent misuse by third parties as far as possible.
b) Use of the platform
(1) The user will refrain from anything that may affect or damage the functionality of the platform.
(2) The expert undertakes to reply to the user regarding his/her transmitted data within two working days.
c) Indemnity
(1) The user is liable for the violation of third-party rights for which he/she is responsible, directly and personally.
(2) The user undertakes to compensate edermconsult for all damages arising from culpable non-compliance with obligations arising from this user agreement.
§6 Termination
(1) The contract of use is established for an indefinite period.
(2) The user agreement can be terminated by the user by sending an e-mail to office@edermconsult.com.
(3) Edermconsult may terminate the contract with a notice period of 2 weeks to the end of the month. For this purpose, a termination e-mail from us to the user is sufficient, using the e-mail address stored in the registration process.
§7 Privacy and confidentiality
(1) We collect, store and use personal data of users for the purpose of executing the contract.
(2) The responsible body is edermconsult.
(3) Any user may, at any time, request information about personal data stored about him/her or update his/her personal data for future use, by sending an e-mail to office@edermconsult.com.
(4) Our privacy policy applies without restriction to the collection, storage and use of personal data.
(5) In addition, our contractual partners undertake to keep secret from third parties any knowledge gained from the business relationship with edermconsult.
(6) We are committed to data privacy as outlined in $ 15 of the relevant data safety law (DSG).
§8 Liability
(1) Claims for damages in cases of slight negligence are excluded. However, this does not apply to personal injury. edermconsult is liable without limitation for intentional or gross negligence.
(2) Further liability of edermconsult does not exist.
(3) The statute of limitation for compensation claims is 36 months after the knowledge of damage and the damaging party, and at least 48 months after performance of the service.
(4) The above limitation of liability also applies to the personal liability of employees and organs of edermconsult.
(5) To the extent and as long as contractual obligations are impacted due to force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, government intervention, loss of power, failure of telecommunications networks or data lines, or changes in legislation affecting the service after conclusion of the contract, does not constitute a breach of contract.
§9 Jurisdiction, applicable law
(1) Austrian substantive law shall apply to the concluded contract.
(2) The place of jurisdiction is Vienna as agreed.