General Terms and Conditions for the use of the patient's account the samedi GmbH
Status: May 2010
The samedi GmbH (hereinafter called samedi) reserves the right to change these General Terms and Conditions at any time without giving reasons. The amended terms will be sent to the user by e-mail in time (a month earlier) before coming into force to the last known e-mail address by samedi. If the user has not objected within 4 weeks after receiving the e-mail, the amended terms are accepted and govern the future contractual relationship between the user and samedi. samedi will inform the user in the e-mail containing the amended terms, separately about the importance of the 4-week period (see also paragraph 8.5).
1.1 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 and all services that are offered by samedi.
1.2 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.
1.3 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 (hereinafter briefly MedLD user account) 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.
1.4 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.
1.5 These General Terms and Conditions also apply to all future transactions under the contract with the users, even if this is not explicitly mentioned again.
1.6 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.
1.7 The user may not transfer the rights and obligations under this contract. The assignment of claims shall be excluded.
2 Severability clause
2.1 If any provision of this contract is or becomes null and void, this shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by a valid provision that comes as close as legally possible to the purpose of the invalid or void provision.
3 Subject-matter of the contract
3.1 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.
3.2 In the samedi user account, the user has the following features listed in sections 3.2.1 to 3.2.5 permanently free of charge:
3.2.1) "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.
3.2.2) "Find a doctor" - There also is a database available for specific search of medical service.
3.2.3) "Address book" - Furthermore the user has the possibility to adjust there in a directory the contact and address data of his personal medical care providers through the search.
3.2.4) "Massages" - 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.
3.2.5) "Online health diary" - samedi provides this application for users for a structured and concise electronic management of their personal health data entered by him on the Internet. The user has up to 10MB storage capacity. Individual or the complete information from the health diary can be released by the user to medical service providers, provided they use the samedi software, through the release mechanism.
3.3 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 health diary in particular, which are stored there, and whether and what data he provides to whom.
3.4 However, the health diary cannot replace a doctor's visit of the user, which may be necessary in case of illness.
3.5 In an emergency contacting the medical provider through samedi messages or sending samedi data is not sufficient, since it can no 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.
3.6 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.
4 Scope of application and conclusion of contract
4.1 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 personal use.
4.2 Samedi provides the use of the patient user account and the services described under section 3.2 .1 - 3.2.5 for the user permanently free of charge. For users arise, except for the connection fees to the Internet, no additional costs.
4.4 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.
4.6 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.
4.7 The user may terminate this agreement at any time by simply physically or electronically transmitting notice stating his last at samedi known e-mail address (samedi GmbH, Hessische Strasse 11, 10115 Berlin or firstname.lastname@example.org). samedi will confirm the cancellation within 14 days to the last known e-mail address in written form. In the e-mail link for a corresponding deletion of the patient's account is included. In the first two weeks of registering for the patient's account, the notification shall be treated as a revocation of the user agreement according to section 4.3; the right of withdrawal shall not expire by accessing the patient's account.
5 Scope of services
5.1 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).
5.2 For users samedi is an Internet portal that can be used via the web browser Internet Explorer 7, Mozilla Firefox 3, Safari 3 and from Opera from 9th. The Internet connection and web browser are not subject of the contract of samedi. samedi can be accessed through a personally created user name or the given email address and a personal password selected by the user. The complete data storage and communication is done via external servers that have been hired in the service of samedi. It cannot be assured that access to the patient account by the user is possible at any given time.
5.3 samedi provides the user a patient account including a module that allows you to schedule appointments online with those practices 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 and communication between doctor and users, including the scheduling is not subject to the relationship between users and samedi.
6 Contribution and responsibility of the user
6.1 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.
6.2 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 diary (which is a part of the patient's account). He is responsible for the quality of the health data deposited by him, which is necessary for the execution of the contract the responsibility. In particular, he/she should ensure the correct use of pre-structured electronic questionnaires by samedi.
6.3 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.
6.4 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 spite of customer-deleting, altering or concealing the completeness, accuracy and timeliness of the data inserted by the user in the health diary.
6.5 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.
6.6 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.
7.1 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.
7.2 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.
7.3 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.
7.4 Advertising is made recognizable as such.
8 Duration, amendment and cancellation
8.1 If three years since the last access of the user to his patient account has passed, the patient account including the area of the health diary is deleted if it does not use this within a further six weeks. Then the user will be notified at the end of the three years by e-mail. The e-mail will be sent to the user using samedi’s last known e-mail address
8.2 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.
8.3 The user may cancel this agreement at any time by simply physically or electronically transmitting a notice stating his last known e-mail address known by samedi (samedi GmbH, Hessische Strasse 11, 10115 Berlin or email@example.com). samedi will confirm the cancellation within 14 days to the last known e-mail address in writing. The e-mail includes a link for a corresponding deletion of the patient's account, which the user must press to delete his account, including all final patient data in his health diary. If the user does not activate the link to permanently delete his/her data within four weeks after receiving the confirmation mail, the link expires. samedi will notify the user in a subsequent email that the license agreement persists as the data in the patient's account is not deleted. samedi notifies the user about the fact that access to the data shared by the user by the medical providers (doctors, etc.) is no longer possible due to the termination of the membership agreement and the associated deletion of the user account including the patient's health diary. Agreed dates and data that have been sent to his medical provider from the patient's account by the user are not deleted and remain with the respective healthcare provider.
8.4 As far as the deletion of the patient's account by the user or samedi is stated in these terms and conditions, the cancellation acts as a cancellation with immediate effect.
8.5 samedi is entitled to change these terms and conditions, including the scope of services. The user is notified by e-mail about changes in these terms and conditions. Changes in favour of the user will be effective at the specified time and - if no date is specified - immediately. Changes to the detriment of the user take effect at the specified time, but not before 4 weeks after the notice according to section 2, if the user does not cancel his contract beforehand; samedi notifies the user to these consequences of the change.
9 Privacy and Security
9.1 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.
9.2 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 prove the right to inspect the health diary over samedi 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 the cancellation of the patient's account connected with it.
9.3 Dealing with 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.
9.4 By deleting the patient's account in the wake of the cancellation of the user contract, all information contained in it, such as the health information contained in the health diary, 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.
9.5 samedi is entitled exclusively for further use of personal data for statistical or scientific purposes in anonymous form in compliance with relevant data protection regulations, unless the user has expressly consented to such use.
9.6 samedi is entitled to appoint professional and reliable service in the completion of the user agreement; even when dealing with 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.
9.7 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. a) The transfer of the data stored in the health diary over the World Wide Web from the servers provided by samedi to the user's computer and vice versa through the standard SSL encryption. b) The data is stored in encrypted form. c) 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. d) samedi has the right to further develop the state of the encryption technology used by technical development to a reasonable extent.
10 Access identification of the user, dealing with login and password recovery
10.1 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 caused to samedi resulting from the unauthorized use of the password.
10.2 If the user has forgotten his password, he/she can use the password reset via a web form indicating the e-mail address stored in the patient account, unless a valid mobile number has been included in opening the patient's account. The user receives a TAN (Transaction number) via email and another TAN per text message, which must then be successively added to the corresponding web forms. Thus, the user has the option to enter a new password. Should no valid mobile number have been entered when creating the user account from the user, the user loses any other possibility to access its online services provided by samedi.
10.3 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 mobile phone number or the e-mail address or mobile phone number is invalid, no new access codes will be sent to him/her by e mail. Therefore the user may lose any further possibility to access its online services provided by samedi. samedi is not required for users on other ways to get a new access code or to save a new email address.
10.4 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.
11 Communication between samedi and users
11.1 The communication between user and samedi is carried out generally 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. This applies to all statements related to the user agreement, may they be declarations of intent, such as cancellations, or statements of knowledge, such as defect reports. samedi is entitled but not obliged to give or receive explanations in other forms, especially in writing or through its Web site, as far as it is ensured that the declaration reaches the correct recipient or the determination of the user as the sender and the integrity of the content of the statements is reasonably assured.
11.2 samedi is authorized to make any statements to the user by e-mail to its last stored e-mail address in the patient account. Can a statement by samedi by e-mail not be delivered because the most recently stored e-mail address by the user is not valid, it shall be treated as received upon dispatch.
11.3 The user has to make declarations to samedi to the communication described in these terms and conditions, in particular to use the appropriate Internet services and enter the necessary data for identification credentials. a) The cancellation of the user agreement and the related deletion of the patient's account by the user is only possible with the last known e-mail address given to samedi. If access code or parts of it are lost, the user has to follow the steps described in section 10. The revocation according to section 4.3 and the cancellation under section 4.7 as well as other statements shall be made by the e-mail address, which has been specified or last stored for registration of the patient's account of the user; noting a first and last name as well as a user name. b) The user has to confirm his contractually relevant explanations on request of samedi in conventional written form, should this be required by law.
12 Property rights, copyrights and rights of use; legal barriers of content
12.1 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.
12.2 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.
12.3 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.
13 Warranty and Liability
13.1 The patient account including the health diary 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 therefore is not liable for damages arising out of the inaccuracy or incompleteness of this data.
13.2 The user decides itself only if and to whom it gives access to particular data from the health diary of the patient's account. samedi has no effect on data shared by the user to his medical providers.
13.3 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.
13.4 In particular, samedi is not liable for the appointment booked at healthcare providers and other service providers via the booking system of samedi (users of MedLD user account). Their conclusion, compliance, and timeliness are based solely on the information exchange between the user of the MedLD user account and the user in the intended communication of samedi. The users of the MedLD user account are responsible for the contents and offers of the appointment.
13.5 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. website of the physician office or display of appointment types).
13.6 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.
13.7 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.
13.8 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.
13.9 In order to ensure access to the stored data in the health diary 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. 13:10 samedi is not liable for damages that are not personal injury, irrespective of the legal reason, with the exception of breach of contract if they are based on a negligent breach of duty by samedi or its employees or agents in the user agreement. 13:11 samedi is safeguarded primarily through a supplementary performance. If the supplementary performance fails, the user is entitled to assert claims for damages under section 13:10. 13:12 The user bears all consequences and disadvantages, which are caused to him or to samedi by improper or illegal use of the services or caused by the fact that the users does not comply t other obligations (not limited to the obligation to maintain confidentiality of the access code). samedi is not liable for any resulting damages.
14 Registered office, place of fulfilment, applicable law and jurisdiction
14.1 The registered office of samedi is Berlin, Federal Republic of Germany. Any change of address of samedi will be send to the user through the user patient account or through the Web Site www.samedi.de.
14.2 The place of fulfilment is Berlin, Federal Republic of Germany.
14.3 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 diary, by the user from areas outside Germany, the user is obliged to comply with the mandatory legal regulations of the respective third country.
14.4 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 diary contained in contrary to section 4.1 for its commercial or independent professional activity.An offer of samedi GmbH
Hessische Str. 11
Telefon: +49 (0)30 21230707-0
Fax: +49 (0)30 21230707-9
Represented by: Prof. Dr. Alexander Alscher, Katrin Keller
Commercial register number: Amtsgericht Berlin Charlottenburg/HRB: 112862 USt-IdNr: DE260137799
VAT No.: Center for Regional Tax Office III - Sales Tax Number. DE260137799