General Terms and Conditions for the use of the patient's account the samedi GmbH
(Updated March 2018)
- These General Terms and Conditions and any specific product and service regulations apply to the use of the patient's account of the Internet platform www.samedi.de (including all other associated domains of samedi, hereinafter called platform) of samedi GmbH (hereinafter called “Samedi”) and all services that are offered by samedi.
- Individuals can create a personal patient account as users of the platform. The basis for this is provided in these General Terms and Conditions for the use of patient-user account.
- Medical care providers (doctors, dentists, nonmedical practitioner, therapists, clinics) and other healthcare providers can open a user account as a customer of the platform. The basics are covered in the General Terms and Conditions for use of the samedi account by healthcare providers and other providers in the healthcare market as well as in the separate product and service descriptions and the price list, which will also agreed on by each customer when signing the contract.
- Diverging and/or conflicting conditions of the users, that are in conflict with these General Terms and Conditions are not part of the contract. This also applies to the case that samedi does not expressly contradict them.
- Samedi reserves the right to change these General Terms and Conditions at any time and will do so, in particular, in the event of changes in legislation, decisions by the highest judicial instances or significant changes in market conditions. Samedi will inform users of any such amendments via their samedi account or via the e-mail address provided in the user account at least six (6) weeks in advance of such amendments coming into force. The user is entitled to cancel his account to the date of such changes coming into force. Samedi will advise the user of their right to cancel their contract and of the importance of doing so within the deadline given. A cancellation by the user must reach samedi at the latest by the effective date of the amendment. If the user does not object, the amended terms are deemed accepted.
- For products and services by third parties, offered on samedi, special terms can be agreed on, which then proceed to these General Terms and Conditions.
- The user may not transfer the rights and obligations under this contract. The assignment of claims shall be excluded.
2 Subject-matter of the contract
- The patient account is a service of samedi to natural persons (users) to facilitate communication with their healthcare providers such as doctors, dentists, nonmedical practitioner and therapists and other healthcare providers and to support them in their health-conscious lifestyle.
- In the samedi user account, the user has the following features listed in sections 2.2.1 to 2.2.7 permanently free of charge:
- "Appointments": This application provides the user the option to book an appointment online at medical providers (doctors, dentists, therapists, medical practitioners) and other healthcare providers who use the software samedi through the appointment booking system. If the healthcare provider uses the reminder service of the software and the user has not denied this in his account by unhooking, the user is reminded by an automatic reminder service by email or text message to inform about dates or date changes.
- "Doctor search" - There also is a database available for specific search of medical service.
- "Address book" - Furthermore the user has the possibility to adjust in a directory the contact and address data of his personal medical care providers through the search.
- "Messages" - through this e-mail service, the user has the possibility to contact the medical providers, whose contact and address details are in his/her address book and other contacts in the health network, provided they also use the samedi software and consented to an exchange of information.
- "Online health record" - samedi provides this application for users for the structured and concise electronic management of their personal health data entered as by themselves on the Internet. The user has up to 50MB storage capacity. Individual or the complete information from the online health record can be released by the user to medical service providers, provided they use the samedi software, through the release mechanism.
- „Patient Profile“ - The user has the option of adding additional family members or caregivers to his account. It is possible to switch between these profiles at any time in order to, for example, book appointments for different users.
- “Video Consultation” – Users can avail of an online audio and video function to contact doctors. Patients can chat with doctors or hold a video consultation via this function. The video consultation takes place via an encrypted connection directly between patient and doctor. The video consultations and neither recorded nor saved by Samedi.
- Users alone decide whether and what data they want to enter and save in his personal patient account. The user also decides whether and what data they want to enter in his online health record in particular, which are stored there, and whether and what data he provides to whom.
- However, the online health record, a message to a doctor or an online video consultation cannot replace a doctor's visit by the user, which may be necessary in case of illness.
- In an emergency contacting the medical provider through samedi messages or sending samedi data is not sufficient, since it cannot be guaranteed that the medical care providers receive the message immediately. It is therefore advised in case of emergency to contact the doctor or the emergency service directly and not via the Internet.
- Services marked as "third offers", which are not provided by samedi itself, but by a third party (third-party) do not count to the subject matter of the contract of samedi. Contractual partner of the user with respect to these benefits is only the third party. For these offers only terms and conditions of the third party apply.
3 Scope of application and conclusion of contract
- The offer of samedi for the patient account is based on these terms and conditions for users, who are at least 18 years of age. Users in this sense are any natural person, who wants to use or uses the patient's account for a purpose which cannot be attributed to a commercial activity, but only for private use.
- Samedi provides the use of the patient user account and the services described under section 2.2 .1 - 2.2.7 for the user permanently free of charge. No additional costs arise for users, except for the connection fees to the Internet.
- Receipt of the completed registration form, whether physically or electronically, will constitute the offer of the user for the conclusion of a user agreement. The user agreement is concluded through the electronically transmitted acceptance by samedi of the email address indicated by the user. The revocation of the user agreement is in accordance with the applicable legislation as per the accompanying declaration of revocation. On revocation of the agreement, the patient’s user account and the date held therein will immediately and irrevocably be deleted.
- The user is informed of the acceptance of the contract by samedi through a confirmation email to the email address specified by him. The e-mail includes a link to the patient account of the user.
- Employees of samedi are not authorized to make verbal agreements or assurances, which go beyond the content of the form and its acceptance by samedi.
- If the user uses the patient account commercially or professionally against section 4.1, he/she does it at his/her own risk. In this case samedi is not responsible for any damage caused. The user is obliged to compensate any resulting damage to samedi.
- The user may terminate this agreement at any time. Cancellations or deletions of samedi patient accounts must be carried out by the user themselves within the patient account. If this is not possible due to the misplacement of a password, the user must reset his password and can then delete his account. In the case of cancellation in text form, samedi sends a confirmation request e-mail to the user's registered e-mail address to verify the correct identity of the user. The user must respond to this confirmation request e-mail from samedi GmbH so that the identity and cancellation can be clearly confirmed and samedi GmbH can permanently delete the user's user account. The account and the data held therein will then be irrevocably deleted.
4 Scope of services
- samedi allows the user to time-and location-independent access to the data stored by the user in the patient's account in the different areas of data over the Internet as part of its technical and operational capabilities (documentary feature).
- For users, samedi is an Internet portal which can be used via the most up-to-date versions of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Safari and Opera. The Internet connection and web browser are not subject of the contract of samedi. samedi can be accessed through the given email address and a personal password as selected by the user. The complete data storage and communication is managed via external servers which have been hired for the service of samedi. Access to the patient account by the user cannot be guaranteed at any given time.
- samedi provides the user a patient account including a module that allows the user to schedule appointments or make contact online with those practices, clinics or other service provider connected via the Internet software samedi. The performance of samedi is limited to the provision of the module on the Internet. The treatment in the practice or clinic and communication between doctor/service providers and users, including the scheduling is not subject to the relationship between users and samedi.
5 Contribution and responsibility of the user
- For a successful implementation of the user agreement, the participation of the user is required from the time of its beginning and throughout its duration according to section 10.1.
- The user alone is responsible for the registration and updating his/her health records in the electronic forms provided for this purpose in his health record (which is a part of the patient's account). He is responsible for the quality of the health data deposited by him. In particular, he/she should ensure the correct use of pre-structured electronic questionnaires by samedi.
- samedi shows the user the health information, which is entered, amended and updated in an electronic data sheet. The user should check the electronic data control sheet for correctness and speak to a doctor of his/her choice at the next opportunity.
- Completeness, accuracy and timeliness affect the value of the contractual services. The user deletes, changes and hides possibly treatment-related data at his/her own risk. He discharges samedi of claims by third parties who have trusted in such completeness, accuracy and timeliness despite the user deleting, altering or concealing the data inserted by the user in the health record.
- With regard to the video consultation function, samedi exclusively provides the use of the platform. Samedi is not responsible for the content of the communication between doctor and patient. The use of Samedi (e.g. for appointments, messages and video consultations) does not replace traditional visit to a doctor. In case of emergency, the patient must contact a local doctor or an emergency department. samedi’s service provision is limited by the professional legislation and limitations which govern the provision of medical care via the internet.
- If the user culpably violates the above provisions, his/her claims are irrespective of the legal reason against samedi - if legally permissible – excluded, and he/she has to replace the damage caused to samedi.
- The user is strongly advised to change his/her used password regularly, use a daily updated anti-virus, anti-spyware and firewall software, and in particular to enter their personal login data only directly through the official website of samedi.
- On the websites of samedi, samedi may place their own advertising and advertising services from third parties. Both banners as well as pop-up windows or similar techniques can be used.
- Electronic offers may be sent periodically to the samedi mailbox (email account) of the user that may inform about new features and special offers by samedi on the Internet and its physicians. An e-mail to his last specified email address notifies about a new mail in his/her samedi messages.
- samedi informs the user on the sides of the patient's account on services from third parties. These third parties are responsible for their offers itself as determined in section 3.6.
- Advertising is made recognizable as such.
7 Duration, amendment and cancellation
- If at least three years since the last access of the user to his patient account has passed, the patient account including the area of the health record may be deleted if it is accessed by the user within a further six weeks. The user will be notified of this by e-mail. This e-mail will be sent to the user using samedi’s last known e-mail address.
- In addition to the cases provided for in these conditions of cancellation of license agreement by samedi may cancel this agreement by giving a notice period of six weeks. The right of samedi for immediate cancellation for important causes remains unaffected.
- The user may cancel this agreement at any time within his patient account. Such cancellation will be effective immediately. The patient account and the data held therein will be irrevocably deleted. Samedi herewith notifies the user that upon cancellation of the agreement and the subsequent deletion of the patient account including the online health record and data held therein, access to the data as provided by the user to medical service providers (doctors etc.) is no longer possible. Agreed appointments and data that have been sent by the user to his medical provider from the patient's account are not deleted and remain with the respective healthcare provider.
8 Privacy and Security
- samedi is subject to the data protection laws of the Federal Republic of Germany. samedi is bound by these rules and the user agreement for the protection of the personal data of the user. The handling of personal data, i.e. data collection, processing and use is only preceded if the user agrees to it or legislation permits it.
- Through the agreement stated together with the contract agreement the user allows samedi only the for the operation of the patient account necessary handling with the personal data entered his/her user account, in particular their storage. samedi must not and will not have access to personal health data. The user, or a person authorized by him, has to provide Samedi with the right to inspect the health record by entering the username and email address and the password; samedi will handle a person, who has proven their entitlement like this, as the user. The user may revoke the consent at any time with effect for the future by terminating the license agreement and deleting the patient account connected with it.
- The management of the inventory data (first and last name, creation date of the user account and any of samedi or the users given contractually relevant explanations) as well as data of use (IP-address of the user, date of access and alike) is in accordance with the data protection regulations. The data processing is only, as far as this is necessary for the settlement of the user agreement, expressly provided in these terms and conditions or is carried out according to special legislations, which obliges samedi to it. samedi logs the date and time of last access to the patient's account to allow the user an overview of his/her recent activities.
- By deleting the patient's account, all information contained in it, such as the health information contained in the health record, assigned to the user, is deleted. Inventory and usage data is initially blocked by samedi following the cancellation of the patient's account in accordance with statutory retention periods and erased at the end of those periods.
- samedi is entitled to the further use of personal data in anonymous form exclusively for statistical or scientific purposes in compliance with relevant data protection regulations, unless the user has expressly consented to such use.
- samedi is entitled to appoint professional and reliable service providers for the performance of the user agreement; including with regard to the management of personal data. However, samedi remains responsible for compliance with the data protection regulations towards the users. The engaged service providers are obligated to comply with the data protection regulations and controls accordingly. They act only on a contractual basis and on the instruction of samedi. Also, they must not and will not access personal health information of the user.
- samedi undertakes all organizational and technical arrangements required by the currently available standards, to meet the data protection needs, particularly to secure the users' personal data against unauthorized access by third parties.
- The transfer of data via the World Wide Web from the servers provided by samedi to the user's computer and vice versa through the standard SSL encryption.
- The data held in the patient’s health record is stored in encrypted form.
- If the user wishes a reminder of personal health appointments and doctor appointments by e-mail or SMS the transfer of data from the user's account is carried out to the recipient's address or mobile phone number specified by the user, which is currently provided in unencrypted form due to a lack of a public key infrastructure.
- samedi has the right to further develop the state of the encryption technology used by technical development to a reasonable extent.
9 Access identification of the user, dealing with login and password recovery
- The user and authorized persons by him/her are required to protect their credentials (password, username) carefully like valuables against unauthorized access by third parties. In particular, the user must change the password immediately if he/she suspect that an unauthorized person has knowledge of the password. The user is strongly advised to change his/her password regularly, to use a daily-updated antivirus, anti-spyware and firewall software, and in particular to enter their personal login only directly through the official website of samedi. The user is obliged to replace any damage culpably caused to samedi resulting from the unauthorized use of the password.
- If the user has forgotten his password, he/she can use the password reset via an online form indicating the e-mail address stored in the patient account. The user will receive a link to an online form in which he can reset his password. Should no valid e-mail address be linked to the user account from the user, the user loses any other possibility to access its online services provided by samedi.
- If the user forgets or loses the user's access codes or parts of it, he/she has entered an invalid e-mail address or the e-mail address is invalid, no new access codes can be sent to him/her by e mail. Therefore, the user loses any further possibility to access its online services provided by samedi. samedi is not obliged to provide users with alternative ways to get a new access code or to save a new email address.
- Where reasonable suspicion of an attempted abuse or an abuse already taken place for the access-ID of a user, samedi is entitled to cancel the patient's account of the respective user. This is especially true if an incorrect password has been entered three times in succession. Thus, at first no access by users or third parties is possible. samedi will carry out an unlocking, when no longer reasonable suspicion exists, especially if the user wishes an unlocking in a physical or electronic form, stating his/her last known e-mail address to samedi and the authenticity of this declaration is sufficiently assured.
10 Communication between samedi and users
- Unless otherwise stated, the communication between user and samedi is generally carried out electronically through the Internet services. Electronically in the sense of these terms and conditions means the communication by e-mail, online or in a similar way, but requires not an electronic form in according to § 126a BGB.
- samedi is authorized to issue any statements/notifications to the user via e-mail to the user’s last stored e-mail address in the patient account.
- The user must use the methods of communication described in these terms and conditions, in order to lodge declarations, in particular, he must use the appropriate Internet services and enter the necessary data for identification purposes.
- The cancellation of the user agreement and the related deletion of the patient's account by the user is possible via the online patient account. In the case of cancellation in text form, samedi sends a confirmation request e-mail to the user's registered e-mail address to verify the correct identity of the user. The user must respond to this confirmation request e-mail from samedi GmbH so that the identity and cancellation can be clearly confirmed and samedi GmbH can permanently delete the user's user account.
- The user has to confirm his contractually relevant explanations on request of samedi in conventional written form, should this be required by law.
11 Property rights, copyrights and rights of use; legal barriers of content
- samedi does not give the user any ownership, copyright or other proprietary rights of the program functions of the patient's account. Where it is necessary for the fulfilment of the contract users, the user is granted a non-exclusive license in this respect.
- The user acknowledges samedi under the data protection regulations a non-exclusive license under the copyright act on the data entered by him, to the extent necessary to carry out the user agreement.
- The user shall ensure that the data entered under his access code meets the legal requirements applicable if necessary, in particular that not violate property rights, copyrights and other intellectual property rights of a third party or criminal laws. The user shall free samedi from all third-party claims, which may derive from the aforementioned rights violations against samedi. samedi has the right to block or delete the contents and user data provided by users if this is required by law or judicial or administrative order.
12 Warranty and Liability
- The patient account, including the online health record, is conducted exclusively in the self-responsibility of the user. samedi has no influence on the accuracy, timeliness and completeness of the data of the user. samedi is therefore not liable for damages arising out of the inaccuracy or incompleteness of this data.
- The user decides itself only if and to whom it gives access to particular data from the health record of the patient's account. samedi has no effect on data shared by the user to his medical providers.
- samedi can also provide the user cross-references (links) to access services from other providers. He will carefully select these providers, but does not have the possibility of continuous monitoring their telephone services, in particular websites and the services it exposes. samedi is therefore not responsible or liable for their availability or their content. This also applies to the links on the side of a cooperation partner of samedi.
- In particular, samedi is not liable for the appointments made with healthcare providers and other service providers via the booking system of samedi. Their conclusion, compliance, and timeliness are based solely on the information exchange between the users via the intended communication of samedi. The account users themselves are responsible for the content and offers/arrangement of appointments. Further, Samedi is not liable for the use or content of video consultations. The use of Samedi (e.g. for appointments, messages and video consultations) does not replace traditional visit to a doctor. In case of emergency, the patient must contact a local doctor or an emergency department.
- Health care professionals prove their work as a medical provider through the submission of a license or a copy of the approval document equivalent to it. A plausibility check of the information is based on the publicly available documents. Any further testing does not take place. samedi is therefore not liable for the opinions expressed by the medical providers themselves in the corresponding representations (e.g. internet presence/website or display of appointment types).
- Precondition for the full use of Internet services offered by samedi is the involvement of the user. If samedi cannot provide information or services due to the lack of participation of the user entirely or partly, as the user's information is missing, samedi is exempt wholly or partially from the provision of services.
- For reasons of force majeure, strikes, lockouts and administrative orders, and because of technical changes to the equipment of samedi or because of other measures that are necessary for proper or improved operation (e.g. maintenance, repairs) a temporary restriction or temporary loss of service may arise. samedi reserves the right to implement the aforementioned measures, but will work towards a rapid troubleshooting.
- The online services offered by samedi are provided to the network or part including third service provider. Availability of services is therefore dependent on the technical provision by the third service provider, in particular in regards to the network services. samedi is not obliged to keep the services offered without interruption and on the Internet at any time. The user is aware that samedi has no influence on the Internet access, the transmission rate and the availability and stability of network connections and additions.
- In order to ensure access to the stored data in the health record also in case of services, it is the user's own responsibility to print the data on a regular basis or in addition to secure it on an alternative storage medium.
- samedi’s contractrual and non-contractual liability is restricted to intent and gross negligence, in so far as it does not relate to to the violation of a material contractual obligation or to the bodily injury or damage to the health or life of a person. This equaslly applies to vicarious agents of samedi. Liability in the sense of the product liability law (Produkthaftungsgesetz) or liability for guarantee bonds remains unaffected.
- samedi is safeguarded primarily through a supplementary performance. If the supplementary performance fails, the user is entitled to assert claims for damages under section 12.10.
- The user bears all consequences and disadvantages, which are caused to him or to samedi by improper or illegal use of the services. The user is further liable for any damages caused by a breach of contractual obligations/responsibilities on his part.
13 Registered office, place of fulfilment, applicable law and jurisdiction
- The registered office of samedi is Berlin, Federal Republic of Germany. Any change of address of samedi will be sent to the user through the user patient account or through the Website www.samedi.de or rather www.patient.samedi.de.
- The place of fulfilment is Berlin, Federal Republic of Germany.
- At all legal relations between the user and samedi in connection with the contract agreement apply the contract law of the Federal Republic of Germany. In case of making acts relevant to the contract agreement, in particular concerning the health record, by the user from areas outside Germany, the user is obliged to comply with the mandatory legal regulations of the respective third country.
- If the user has no general jurisdiction in Germany, meaning that his domicile or habitual residence lies not in the Federal Republic of Germany or it is unknown, samedi can only sue and only be sued at its own registered office (Berlin). The same applies if the user is a merchant who uses the patient's account and the health record contained in contrary to section 4.1 for its commercial or independent professional activity.
Rigaer Str. 44
Telefon: +49 (0)30 21230707-0
Fax: +49 (0)30 21230707-9
Represented by: Katrin Keller, Prof. Dr. Alexander Alscher.
Commercial register number: HRB 112862 B Charlottenburg Commercial register
VAT No.: Center for Regional Tax Office III - Sales Tax Number. DE260137799