General Terms and Conditions of Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich for the Use of the Website www.avimedical.com and the Mobile Application Avi Medical.
§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of Avi Medical MVZ GmbH (hereinafter referred to as "Avi Medical"), as the operating company for medical care centers (specifically: Avi Medical MVZ München GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 260346; Avi Medical MVZ Berlin GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269104; Avi Medical MVZ Hamburg GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269366) (hereinafter referred to as "MVZ") apply to both the use of the website www.avimedical.com and the use of the mobile application Avi Medical (hereinafter referred to as the "App").
2. Avi Medical offers patients the opportunity to schedule appointments with the respective MVZ online through the website www.avimedical.com or to avail telemedicine services provided by the treating physicians at the respective MVZ, including a chat function, through the App. Avi Medical acts as a pure intermediary platform for treatment contracts between patients and the respective MVZ or as a means of communication. Telemedical activities by the treating physician are always subject to the condition that the treating physician ensures compliance with the requirements for conducting telemedical treatment as per the applicable professional regulations of the State Medical Association (e.g., § 7 (4) of the Model Professional Code for physicians practicing in Germany).
3 Deviating, conflicting, or supplementary conditions of the patient shall not apply and shall not become part of the contract. This also applies if the patient refers to their conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. avi Medical's offers are exclusively directed at patients who have reached the age of 18. by using avi Medical's services, the patient fully accepts these GTC.
5. to use Avi Medical's intermediary or communication services, the patient must first register on the website or by downloading the App and register there when accessing it for the first time. Registration requires the patient to provide truthful and complete data (name, first name, date of birth, email address, and mobile phone number) in the corresponding form and transmit it to Avi Medical. By registering, the patient explicitly consents to the processing of their personal data provided within this context. Afterward, they have the opportunity to schedule online appointments with the respective MVZ through the website or the App. The App also allows them to manage their patient data or avail telemedicine services offered by the treating physician, including a chat function with the treating physician. The treating physician alone provides the necessary special information to the patient regarding the specifics of exclusive advice and treatment via telecommunication media. Only the treating physician also decides whether the medical and professional requirements for conducting telemedical treatment are met.
6. if the patient avails medical services that have been arranged through Avi Medical's technical framework, the conclusion of the treatment contract, its content, and the fulfillment of medical obligations arising from it are the sole responsibility of the treating physician or the MVZ.
7. the patient can download Avi Medical's GTC in their current version at www.avimedical.com/agb.
§ 2 Registration
1. in order to make full use of the services provided by Avi Medical via the website or the app, the patient must first register and create a user account.
2. the patient is obliged to provide truthful information about his/her personal data in connection with the registration.
3. by registering and creating the user account, the patient expressly consents to the associated processing of his/her personal data.
§ 3 Offer and conclusion of contract
1. by using the platform or app provided by Avi Medical, a license agreement is concluded with the patient. The patient also agrees to Avi Medical acting as a broker for the conclusion of a treatment contract between him/her and the treating physician or the MVZ.
The provider and performer of a telemedical service is exclusively the attending physician or the MVZ. The patient accepts the respective offer of the treating physician by making use of the telemedical services.
§ 4 Conducting telemedicine consultation
1. the patient first registers by providing his e-mail address and generating a password.
2 The use of Avi Medical's services and, in particular, the patient's communication with the attending physician via the app take place via an encrypted internet connection. Avi Medical guarantees compliance with the requirements for a video consultation in accordance with Annex 31 b to the Bundesmantelvertrag-Ärzte. It is also a prerequisite that the patient or his legal representative expressly consents to the telemedical treatment. In connection with the use of the technical requirements provided by Avi Medical, this is done by placing a "check mark" in the appropriate places. Otherwise, the attending physician is exclusively responsible for obtaining consent for telemedical treatment and for complying with the specialist standard incumbent upon him/her.
The exclusive contractual partners of the treatment contract are the patient and the treating physician or the MVZ. Avi Medical as an intermediary does not become a party to the contract directly or indirectly on either side of the contract, nor does it act as a representative of the patient or the physician. The person responsible for the fulfillment of the obligations arising from the treatment contract is exclusively the treating physician or the MVZ. Avi Medical is not authorized to answer or forward any questions in connection with the treatment contract, regardless of which aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the attending physician, the attending physician or the MVZ shall be solely responsible for such breach.
§ 5 Duties of Avi Medical
1. Avi Medical shall provide and maintain the technical requirements necessary for the accessibility and usability of the Website or the App and the connection between the server and the Internet required for this, insofar as Avi Medical has influence on this. Avi Medical is not responsible for the success of access to the Website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Art. 32 DS-GVO and § 22 BDSG to ensure that data processing is carried out in accordance with the DS-GVO and the BDSG and to counteract the risk of data loss or data destruction.
3. to the extent necessary, Avi Medical concludes data processing agreements with the respective MVZ.Avi Medical also maintains data processing contracts with third parties whose services are necessary for the maintenance and upkeep of the website or app as well as its technical maintenance or further development.
4. Avi Medical will always drive the technical development of the website and the app. In order to maintain quality standards, it is necessary to carry out regular maintenance work. Avi Medical reserves the right to carry out this work at any time, even if this temporarily interrupts access. In this case, the patient is not entitled to any claims for damages.
§ 6 Duties of the patient
1. the patient shall provide only truthful information both during registration and when using the website and app. He is aware that he alone is responsible for the completeness and accuracy of his information.
2. the patient is prohibited from making statements within the scope of his application that infringe the rights of third parties or violate legal regulations. If the patient violates these obligations, Avi Medical is entitled to terminate the user contract without notice. Further rights are reserved, in particular to injunctive relief and damages. In the event of a breach, the Patient is also obligated to indemnify Avi Medical against claims for damages and reimbursement of expenses by third parties based on the Patient's breach. This indemnification obligation also includes Avi Medical's legal defense costs. Any rights of Avi Medical not expressly mentioned shall remain unaffected.
3. the Patient is further prohibited from impairing or jeopardizing the usability of the Website or App through improper use thereof. Avi Medical assumes no liability for any damages resulting from the Patient's use of Avi Medical's services without consulting a physician and drawing conclusions for himself/herself for actions or omissions. Avi Medical does not monitor the health information that the patient submits to his or her treating physician in the course of using the App. Avi Medical expressly encourages any patient with health problems or symptoms of illness to seek immediate medical attention if needed. Avi Medical cannot, may not and will not provide medical information or answer questions.
Avi Medical uses the Net Promoter Score (NPS) to determine patient satisfaction with the technical services provided by Avi Medical. The NPS system measures the likelihood that a patient would recommend Avi Medical to others through voluntary patient surveys. In doing so, in addition to the NPS determination, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not otherwise request health information from the patient in connection with the NPS. Avi Medical asks each patient not to provide health information when participating in the NPS determination.
§ 7 Disclaimer
1. Avi Medical shall be liable in accordance with the statutory provisions only in the event of intent or gross negligence in the culpable breach of material contractual obligations.
2. in the event of simple negligence, liability shall exist only
- for damages resulting from injury to life, body or health,
- for damages arising from the not insignificant breach of a material contractual obligation,
whereby in such cases Avi Medical's liability shall be limited to compensation for the foreseeable,
typically occurring damage.
3. the patient must prove any fault on the part of Avi Medical.
4. Avi Medical is not liable in any case for any damages, regardless of the legal reason, which have their cause in the treatment contract between the patient and the treating physician.
5. the online offering of Avi Medical was created with the utmost care. However, Avi Medical does not assume any guarantee, neither explicit nor implicit, for the correctness, completeness, reliability, quality and up-to-dateness of all contents available via the online offer. Insofar as the online offer of Avi Medical contains links to external websites, Avi Medical assumes no liability for the content of these external sites. The respective provider is solely responsible for the content.
§ 8 Copyright
The copyright to images, illustrations or texts that Avi Medical publishes at www.avimedical.com or the App is exclusively owned by Avi Medical, unless otherwise stated. This also applies to the exclusive rights of use. Use of the images or texts is not permitted without the consent of Avi Medical.
§ 9 Data privacy
The current privacy policy of Avi Medical is an integral part of these GTC and can be accessed and printed out at https://en.avimedical.com/en/privacy-policy.
§ 10 Right of cancellation
1. the patient is entitled to revoke his or her declaration of intent to use the services of Avi Medical in accordance with the statutory provisions.
2. the details of this right of cancellation can be found in the cancellation policy below:
Cancellation policy
You can revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without giving reasons. The revocation period begins on the day of the conclusion of the contract. The declaration of revocation is to be sent to Avi Medical GmbH, Nymphenburgerstr. 86, 80636 Munich, Germany. Our mail address is hello@avimedical.com.
For the formulation of the revocation you can use the revocation form below, but you do not have to. To meet the revocation deadline, it is sufficient to send the revocation in time.
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. In the event of your effective revocation, we are obligated to immediately repay you the payments that we have received from you. For the repayment, we will use the payment method you have chosen, unless you have concluded a different payment agreement with us. The repayment will be free of charge.
Insofar as we have already provided the service incumbent upon us during the revocation period, you are obligated, in the event of effective revocation, to reimburse us an amount corresponding to the services we have provided up to the receipt of your revocation.
Sample cancellation form
In the event that you wish to revoke your contractual declaration, you can use this form, but you do not have to. You can fill out this copy and send it to us.
To Avi Medical GmbH
I hereby revoke the contract I have concluded for the provision of services via www.avimedical.com or the app "Avi Medical".
Personal data
Signature (only if written form is chosen).
§ 11 Other provisions
If one or more provisions of these GTC should be ineffective, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision whose economic success corresponds as far as possible to the invalid provision. This shall also apply in the event of a loophole.
Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.
German law is exclusively applicable to the business relationship between the Patient and Avi Medical in connection with the use of the website or the app. The place of jurisdiction is the registered office of Avi Medical.
According to § 36 VSBG we inform you that the EU Commission provides a platform for online dispute resolution in cases of disputes in connection with online purchases, etc., in which a consumer is involved. You can reach this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We are neither obliged nor willing to participate in this dispute resolution procedure. You can reach us at the e-mail address hello@avimedical.com
General Terms and Conditions of Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich for the Use of the Website www.avimedical.com and the Mobile Application Avi Medical.
§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of Avi Medical MVZ GmbH (hereinafter referred to as "Avi Medical"), as the operating company for medical care centers (specifically: Avi Medical MVZ München GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 260346; Avi Medical MVZ Berlin GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269104; Avi Medical MVZ Hamburg GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269366) (hereinafter referred to as "MVZ") apply to both the use of the website www.avimedical.com and the use of the mobile application Avi Medical (hereinafter referred to as the "App").
2. Avi Medical offers patients the opportunity to schedule appointments with the respective MVZ online through the website www.avimedical.com or to avail telemedicine services provided by the treating physicians at the respective MVZ, including a chat function, through the App. Avi Medical acts as a pure intermediary platform for treatment contracts between patients and the respective MVZ or as a means of communication. Telemedical activities by the treating physician are always subject to the condition that the treating physician ensures compliance with the requirements for conducting telemedical treatment as per the applicable professional regulations of the State Medical Association (e.g., § 7 (4) of the Model Professional Code for physicians practicing in Germany).
3 Deviating, conflicting, or supplementary conditions of the patient shall not apply and shall not become part of the contract. This also applies if the patient refers to their conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. avi Medical's offers are exclusively directed at patients who have reached the age of 18. by using avi Medical's services, the patient fully accepts these GTC.
5. to use Avi Medical's intermediary or communication services, the patient must first register on the website or by downloading the App and register there when accessing it for the first time. Registration requires the patient to provide truthful and complete data (name, first name, date of birth, email address, and mobile phone number) in the corresponding form and transmit it to Avi Medical. By registering, the patient explicitly consents to the processing of their personal data provided within this context. Afterward, they have the opportunity to schedule online appointments with the respective MVZ through the website or the App. The App also allows them to manage their patient data or avail telemedicine services offered by the treating physician, including a chat function with the treating physician. The treating physician alone provides the necessary special information to the patient regarding the specifics of exclusive advice and treatment via telecommunication media. Only the treating physician also decides whether the medical and professional requirements for conducting telemedical treatment are met.
6. if the patient avails medical services that have been arranged through Avi Medical's technical framework, the conclusion of the treatment contract, its content, and the fulfillment of medical obligations arising from it are the sole responsibility of the treating physician or the MVZ.
7. the patient can download Avi Medical's GTC in their current version at www.avimedical.com/en/terms.
§ 2 Registration
1. to fully use the services provided by Avi Medical through the website or the App, it is necessary for the patient to register and create a user account.
2. the patient is obligated to provide truthful information about their personal data in connection with registration.
3. by registering and creating the user account, the patient expressly consents to the associated processing of their personal data.
§ 3 Offer and Conclusion of Contract
By using Avi Medical's platform or App, a usage contract is established between the patient and Avi Medical. The patient also agrees that Avi Medical mediates the conclusion of a treatment contract between them and the treating physician or the MVZ.
The provider and executor of telemedical services are exclusively the treating physician or the MVZ. The patient accepts the respective offer of the treating physician by availing the telemedical services.
§ 4 Conduct of Telemedical Consultation
1. the patient initially registers with their email address and creates a password.
The use of Avi Medical's services, including the patient's communication with the treating physician through the App, is conducted via an encrypted internet connection. Avi Medical ensures compliance with the requirements for a video consultation as per Attachment 31b to the Federal Contract for Physicians. It is also a prerequisite that the patient or their legal representative expressly consents to telemedical treatment. This is done by setting a "checkmark" in the appropriate places in connection with the use of Avi Medical's technical requirements. Otherwise, only the treating physician is responsible for obtaining consent for telemedical treatment and for complying with the specialist medical standards that apply to them.
The contracting parties for the treatment contract are exclusively the patient and the treating physician or the MVZ. Avi Medical, as an intermediary, is neither a party to the contract nor acts as a representative of the patient or the physician. The treating physician or the MVZ is solely responsible for fulfilling the obligations arising from the treatment contract. Avi Medical is not authorized to answer or forward questions related to the treatment contract, regardless of the aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the treating physician, the latter or the MVZ is solely responsible.
§ 5 Duties of Avi Medical
1. Avi Medical provides the necessary technical requirements for accessibility and usability of the website or the App and maintains the connection between the server and the internet, to the extent that Avi Medical has influence over it. Avi Medical does not guarantee the success of accessing the website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Article 32 of the General Data Protection Regulation (DS-GVO) and Section 22 of the Federal Data Protection Act (BDSG) to ensure compliance with data processing requirements under DS-GVO and BDSG and to prevent the risk of data loss or destruction.
3. if necessary, Avi Medical enters into data processing agreements with the respective MVZ. Likewise, Avi Medical maintains data processing agreements with third parties whose services are necessary for the operation and maintenance of the Website or App, as well as for their technical maintenance or further development.
4. Avi Medical will continually advance the technical development of the website and the App. To maintain quality standards, regular maintenance work is required. Avi Medical reserves the right to carry out these works at any time, even if it temporarily interrupts access. In such a case, the patient is not entitled to compensation claims.
§ 6 Duties of the Patient
1. the patient undertakes to provide only truthful information both during registration and when using the website and App. The patient is aware that they are solely responsible for the completeness and accuracy of their information.
2. the patient is prohibited from making statements in their application that infringe on the rights of third parties or violate legal regulations. If the patient breaches these obligations, Avi Medical is entitled to terminate the usage contract without notice.
Other rights are reserved, particularly for injunctive relief and damages. In the event of a breach, the patient is also obligated to indemnify Avi Medical against third-party claims for damages and reimbursement of expenses based on the patient's breach. This indemnification obligation also includes the costs of Avi Medical's legal defense. Unmentioned rights of Avi Medical remain unaffected.
Furthermore, the patient is prohibited from impairing or endangering the usability of the website or App through improper use. Avi Medical assumes no liability for any damages resulting from the patient availing Avi Medical's services without consulting a physician and drawing conclusions for their actions or omissions. Avi Medical does not monitor the patient's health data transmitted to their treating physician in connection with the use of the App. Avi Medical explicitly urges every patient with health problems or symptoms of illness to immediately consult a physician if necessary. Avi Medical cannot, may not, and will not provide medical information or answer questions.
4. Avi Medical assesses patient satisfaction with the technical offerings provided by Avi Medical through the Net Promoter Score (NPS) system. The NPS system measures, through voluntary patient surveys, the likelihood that a patient would recommend Avi Medical. In addition to the NPS measurement, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not request any health data from the patient in connection with the NPS or otherwise. Avi Medical requests that every patient participating in the NPS survey refrain from transmitting health data.
§ 7 Disclaimer
1. Avi Medical is liable in accordance with statutory provisions only in cases of intent or gross negligence in the event of the culpable violation of material contractual obligations.
2. in cases of ordinary negligence, liability exists only:
- for damages arising from the violation of life, body, or health,
- for damages arising from a not insignificant violation of material contractual obligations, in which
case Avi Medical's liability is limited to the foreseeable, typically occurring damage.
3. the patient must prove any fault on the part of Avi Medical.
4. Avi Medical is in no case liable for any damages, regardless of the legal basis, that have their origin in the treatment contract between the patient and the treating physician.
5. Avi Medical's online offering has been created with the utmost care. Avi Medical provides no guarantee, whether express or implied, for the accuracy, completeness, reliability, quality, and timeliness of all content available through the online offering. If Avi Medical's online offering includes links to external websites, Avi Medical assumes no responsibility for the content of these third-party sites. The respective provider is solely responsible for the content.
§ 8 Copyright
The copyright to images, representations, or texts published by Avi Medical on www.avimedical.com or the App belongs exclusively to Avi Medical, unless otherwise indicated. This also applies to exclusive usage rights. Use of the images or texts is not permitted without Avi Medical's consent.
§ 9 Data Protection
The current data protection declaration of Avi Medical is an integral part of these GTC and can be accessed and printed at https://en.avimedical.com/en/privacy-policy.
§ 10 Right of Withdrawal
1. the patient is entitled to withdraw their declaration of intent regarding the use of Avi Medical's services in accordance with legal provisions.
2. the details of this right of withdrawal are outlined in the following withdrawal policy: Withdrawal Policy: You have the right to withdraw from the contract within 14 days without stating reasons in text form (e.g., letter, fax, email). The withdrawal period commences on the day of the conclusion of the contract. The withdrawal declaration is to be sent to Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich. Our email address is hello@avimedical.com. For formulating the withdrawal, you may use the below withdrawal form, but are not obliged to do so. Timely dispatch of the withdrawal suffices to meet the withdrawal deadline. In case of an effective withdrawal, the mutually received services are to be returned and any benefits derived are to be surrendered. In case of your effective withdrawal, we are obligated to refund payments received from you immediately. We will use the payment method you chose unless an alternative arrangement has been made. The refund is free of charge. If we have already provided the services owed before the withdrawal period expires, you must pay us an amount corresponding to the services rendered up to the point of receiving your withdrawal. Sample Withdrawal Form If you wish to withdraw from the contract, you can use this form, but it is not obligatory. You can complete this form and send it to us. To Avi Medical Operations GmbH I hereby withdraw from the contract concluded by me for the provision of services via www.avimedical.com or the "Avi Medical" App. Personal Data Signature (only when using written form).
§ 11 Miscellaneous Provisions
If one or more provisions of these GTC are found to be ineffective, the remaining provisions shall remain unaffected. The parties agree to replace the ineffective provision with an effective provision whose economic success comes as close as possible to the ineffective regulation. This also applies in the event of a regulatory gap.
Amendments or supplements to these GTC require written form. This also applies to the waiver of the written form requirement.
German law exclusively applies to the business relationships between the patient and Avi Medical in connection with the use of the website or the App. The place of jurisdiction is the registered office of Avi Medical.
4. pursuant to § 36 VSBG, we inform you that the European Commission provides a platform for online dispute resolution in cases of disputes related to online purchases, etc., involving a consumer. You can access this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We are neither obligated nor willing to participate in this dispute resolution procedure. You can reach us at the email address hello@avimedical.com.
General Terms and Conditions of Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich for the Use of the Website www.avimedical.com and the Mobile Application Avi Medical.
§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of Avi Medical MVZ GmbH (hereinafter referred to as "Avi Medical"), as the operating company for medical care centers (specifically: Avi Medical MVZ München GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 260346; Avi Medical MVZ Berlin GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269104; Avi Medical MVZ Hamburg GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269366) (hereinafter referred to as "MVZ") apply to both the use of the website www.avimedical.com and the use of the mobile application Avi Medical (hereinafter referred to as the "App").
2. Avi Medical offers patients the opportunity to schedule appointments with the respective MVZ online through the website www.avimedical.com or to avail telemedicine services provided by the treating physicians at the respective MVZ, including a chat function, through the App. Avi Medical acts as a pure intermediary platform for treatment contracts between patients and the respective MVZ or as a means of communication. Telemedical activities by the treating physician are always subject to the condition that the treating physician ensures compliance with the requirements for conducting telemedical treatment as per the applicable professional regulations of the State Medical Association (e.g., § 7 (4) of the Model Professional Code for physicians practicing in Germany).
3 Deviating, conflicting, or supplementary conditions of the patient shall not apply and shall not become part of the contract. This also applies if the patient refers to their conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. avi Medical's offers are exclusively directed at patients who have reached the age of 18. by using avi Medical's services, the patient fully accepts these GTC.
5. to use Avi Medical's intermediary or communication services, the patient must first register on the website or by downloading the App and register there when accessing it for the first time. Registration requires the patient to provide truthful and complete data (name, first name, date of birth, email address, and mobile phone number) in the corresponding form and transmit it to Avi Medical. By registering, the patient explicitly consents to the processing of their personal data provided within this context. Afterward, they have the opportunity to schedule online appointments with the respective MVZ through the website or the App. The App also allows them to manage their patient data or avail telemedicine services offered by the treating physician, including a chat function with the treating physician. The treating physician alone provides the necessary special information to the patient regarding the specifics of exclusive advice and treatment via telecommunication media. Only the treating physician also decides whether the medical and professional requirements for conducting telemedical treatment are met.
6. if the patient avails medical services that have been arranged through Avi Medical's technical framework, the conclusion of the treatment contract, its content, and the fulfillment of medical obligations arising from it are the sole responsibility of the treating physician or the MVZ.
7. the patient can download Avi Medical's GTC in their current version at www.avimedical.com/en/terms.
§ 2 Registration
1. to fully use the services provided by Avi Medical through the website or the App, it is necessary for the patient to register and create a user account.
2. the patient is obligated to provide truthful information about their personal data in connection with registration.
3. by registering and creating the user account, the patient expressly consents to the associated processing of their personal data.
§ 3 Offer and Conclusion of Contract
By using Avi Medical's platform or App, a usage contract is established between the patient and Avi Medical. The patient also agrees that Avi Medical mediates the conclusion of a treatment contract between them and the treating physician or the MVZ.
The provider and executor of telemedical services are exclusively the treating physician or the MVZ. The patient accepts the respective offer of the treating physician by availing the telemedical services.
§ 4 Conduct of Telemedical Consultation
1. the patient initially registers with their email address and creates a password.
The use of Avi Medical's services, including the patient's communication with the treating physician through the App, is conducted via an encrypted internet connection. Avi Medical ensures compliance with the requirements for a video consultation as per Attachment 31b to the Federal Contract for Physicians. It is also a prerequisite that the patient or their legal representative expressly consents to telemedical treatment. This is done by setting a "checkmark" in the appropriate places in connection with the use of Avi Medical's technical requirements. Otherwise, only the treating physician is responsible for obtaining consent for telemedical treatment and for complying with the specialist medical standards that apply to them.
The contracting parties for the treatment contract are exclusively the patient and the treating physician or the MVZ. Avi Medical, as an intermediary, is neither a party to the contract nor acts as a representative of the patient or the physician. The treating physician or the MVZ is solely responsible for fulfilling the obligations arising from the treatment contract. Avi Medical is not authorized to answer or forward questions related to the treatment contract, regardless of the aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the treating physician, the latter or the MVZ is solely responsible.
§ 5 Duties of Avi Medical
1. Avi Medical provides the necessary technical requirements for accessibility and usability of the website or the App and maintains the connection between the server and the internet, to the extent that Avi Medical has influence over it. Avi Medical does not guarantee the success of accessing the website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Article 32 of the General Data Protection Regulation (DS-GVO) and Section 22 of the Federal Data Protection Act (BDSG) to ensure compliance with data processing requirements under DS-GVO and BDSG and to prevent the risk of data loss or destruction.
3. if necessary, Avi Medical enters into data processing agreements with the respective MVZ. Likewise, Avi Medical maintains data processing agreements with third parties whose services are necessary for the operation and maintenance of the Website or App, as well as for their technical maintenance or further development.
4. Avi Medical will continually advance the technical development of the website and the App. To maintain quality standards, regular maintenance work is required. Avi Medical reserves the right to carry out these works at any time, even if it temporarily interrupts access. In such a case, the patient is not entitled to compensation claims.
§ 6 Duties of the Patient
1. the patient undertakes to provide only truthful information both during registration and when using the website and App. The patient is aware that they are solely responsible for the completeness and accuracy of their information.
2. the patient is prohibited from making statements in their application that infringe on the rights of third parties or violate legal regulations. If the patient breaches these obligations, Avi Medical is entitled to terminate the usage contract without notice.
Other rights are reserved, particularly for injunctive relief and damages. In the event of a breach, the patient is also obligated to indemnify Avi Medical against third-party claims for damages and reimbursement of expenses based on the patient's breach. This indemnification obligation also includes the costs of Avi Medical's legal defense. Unmentioned rights of Avi Medical remain unaffected.
Furthermore, the patient is prohibited from impairing or endangering the usability of the website or App through improper use. Avi Medical assumes no liability for any damages resulting from the patient availing Avi Medical's services without consulting a physician and drawing conclusions for their actions or omissions. Avi Medical does not monitor the patient's health data transmitted to their treating physician in connection with the use of the App. Avi Medical explicitly urges every patient with health problems or symptoms of illness to immediately consult a physician if necessary. Avi Medical cannot, may not, and will not provide medical information or answer questions.
4. Avi Medical assesses patient satisfaction with the technical offerings provided by Avi Medical through the Net Promoter Score (NPS) system. The NPS system measures, through voluntary patient surveys, the likelihood that a patient would recommend Avi Medical. In addition to the NPS measurement, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not request any health data from the patient in connection with the NPS or otherwise. Avi Medical requests that every patient participating in the NPS survey refrain from transmitting health data.
§ 7 Disclaimer
1. Avi Medical is liable in accordance with statutory provisions only in cases of intent or gross negligence in the event of the culpable violation of material contractual obligations.
2. in cases of ordinary negligence, liability exists only:
- for damages arising from the violation of life, body, or health,
- for damages arising from a not insignificant violation of material contractual obligations, in which
case Avi Medical's liability is limited to the foreseeable, typically occurring damage.
3. the patient must prove any fault on the part of Avi Medical.
4. Avi Medical is in no case liable for any damages, regardless of the legal basis, that have their origin in the treatment contract between the patient and the treating physician.
5. Avi Medical's online offering has been created with the utmost care. Avi Medical provides no guarantee, whether express or implied, for the accuracy, completeness, reliability, quality, and timeliness of all content available through the online offering. If Avi Medical's online offering includes links to external websites, Avi Medical assumes no responsibility for the content of these third-party sites. The respective provider is solely responsible for the content.
§ 8 Copyright
The copyright to images, representations, or texts published by Avi Medical on www.avimedical.com or the App belongs exclusively to Avi Medical, unless otherwise indicated. This also applies to exclusive usage rights. Use of the images or texts is not permitted without Avi Medical's consent.
§ 9 Data Protection
The current data protection declaration of Avi Medical is an integral part of these GTC and can be accessed and printed at https://en.avimedical.com/en/privacy-policy.
§ 10 Right of Withdrawal
1. the patient is entitled to withdraw their declaration of intent regarding the use of Avi Medical's services in accordance with legal provisions.
2. the details of this right of withdrawal are outlined in the following withdrawal policy: Withdrawal Policy: You have the right to withdraw from the contract within 14 days without stating reasons in text form (e.g., letter, fax, email). The withdrawal period commences on the day of the conclusion of the contract. The withdrawal declaration is to be sent to Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich. Our email address is hello@avimedical.com. For formulating the withdrawal, you may use the below withdrawal form, but are not obliged to do so. Timely dispatch of the withdrawal suffices to meet the withdrawal deadline. In case of an effective withdrawal, the mutually received services are to be returned and any benefits derived are to be surrendered. In case of your effective withdrawal, we are obligated to refund payments received from you immediately. We will use the payment method you chose unless an alternative arrangement has been made. The refund is free of charge. If we have already provided the services owed before the withdrawal period expires, you must pay us an amount corresponding to the services rendered up to the point of receiving your withdrawal. Sample Withdrawal Form If you wish to withdraw from the contract, you can use this form, but it is not obligatory. You can complete this form and send it to us. To Avi Medical Operations GmbH I hereby withdraw from the contract concluded by me for the provision of services via www.avimedical.com or the "Avi Medical" App. Personal Data Signature (only when using written form).
§ 11 Miscellaneous Provisions
If one or more provisions of these GTC are found to be ineffective, the remaining provisions shall remain unaffected. The parties agree to replace the ineffective provision with an effective provision whose economic success comes as close as possible to the ineffective regulation. This also applies in the event of a regulatory gap.
Amendments or supplements to these GTC require written form. This also applies to the waiver of the written form requirement.
German law exclusively applies to the business relationships between the patient and Avi Medical in connection with the use of the website or the App. The place of jurisdiction is the registered office of Avi Medical.
4. pursuant to § 36 VSBG, we inform you that the European Commission provides a platform for online dispute resolution in cases of disputes related to online purchases, etc., involving a consumer. You can access this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We are neither obligated nor willing to participate in this dispute resolution procedure. You can reach us at the email address hello@avimedical.com.
General Terms and Conditions of Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich for the Use of the Website www.avimedical.com and the Mobile Application Avi Medical.
§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of Avi Medical MVZ GmbH (hereinafter referred to as "Avi Medical"), as the operating company for medical care centers (specifically: Avi Medical MVZ München GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 260346; Avi Medical MVZ Berlin GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269104; Avi Medical MVZ Hamburg GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269366) (hereinafter referred to as "MVZ") apply to both the use of the website www.avimedical.com and the use of the mobile application Avi Medical (hereinafter referred to as the "App").
2. Avi Medical offers patients the opportunity to schedule appointments with the respective MVZ online through the website www.avimedical.com or to avail telemedicine services provided by the treating physicians at the respective MVZ, including a chat function, through the App. Avi Medical acts as a pure intermediary platform for treatment contracts between patients and the respective MVZ or as a means of communication. Telemedical activities by the treating physician are always subject to the condition that the treating physician ensures compliance with the requirements for conducting telemedical treatment as per the applicable professional regulations of the State Medical Association (e.g., § 7 (4) of the Model Professional Code for physicians practicing in Germany).
3 Deviating, conflicting, or supplementary conditions of the patient shall not apply and shall not become part of the contract. This also applies if the patient refers to their conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. avi Medical's offers are exclusively directed at patients who have reached the age of 18. by using avi Medical's services, the patient fully accepts these GTC.
5. to use Avi Medical's intermediary or communication services, the patient must first register on the website or by downloading the App and register there when accessing it for the first time. Registration requires the patient to provide truthful and complete data (name, first name, date of birth, email address, and mobile phone number) in the corresponding form and transmit it to Avi Medical. By registering, the patient explicitly consents to the processing of their personal data provided within this context. Afterward, they have the opportunity to schedule online appointments with the respective MVZ through the website or the App. The App also allows them to manage their patient data or avail telemedicine services offered by the treating physician, including a chat function with the treating physician. The treating physician alone provides the necessary special information to the patient regarding the specifics of exclusive advice and treatment via telecommunication media. Only the treating physician also decides whether the medical and professional requirements for conducting telemedical treatment are met.
6. if the patient avails medical services that have been arranged through Avi Medical's technical framework, the conclusion of the treatment contract, its content, and the fulfillment of medical obligations arising from it are the sole responsibility of the treating physician or the MVZ.
7. the patient can download Avi Medical's GTC in their current version at www.avimedical.com/en/terms.
§ 2 Registration
1. to fully use the services provided by Avi Medical through the website or the App, it is necessary for the patient to register and create a user account.
2. the patient is obligated to provide truthful information about their personal data in connection with registration.
3. by registering and creating the user account, the patient expressly consents to the associated processing of their personal data.
§ 3 Offer and Conclusion of Contract
By using Avi Medical's platform or App, a usage contract is established between the patient and Avi Medical. The patient also agrees that Avi Medical mediates the conclusion of a treatment contract between them and the treating physician or the MVZ.
The provider and executor of telemedical services are exclusively the treating physician or the MVZ. The patient accepts the respective offer of the treating physician by availing the telemedical services.
§ 4 Conduct of Telemedical Consultation
1. the patient initially registers with their email address and creates a password.
The use of Avi Medical's services, including the patient's communication with the treating physician through the App, is conducted via an encrypted internet connection. Avi Medical ensures compliance with the requirements for a video consultation as per Attachment 31b to the Federal Contract for Physicians. It is also a prerequisite that the patient or their legal representative expressly consents to telemedical treatment. This is done by setting a "checkmark" in the appropriate places in connection with the use of Avi Medical's technical requirements. Otherwise, only the treating physician is responsible for obtaining consent for telemedical treatment and for complying with the specialist medical standards that apply to them.
The contracting parties for the treatment contract are exclusively the patient and the treating physician or the MVZ. Avi Medical, as an intermediary, is neither a party to the contract nor acts as a representative of the patient or the physician. The treating physician or the MVZ is solely responsible for fulfilling the obligations arising from the treatment contract. Avi Medical is not authorized to answer or forward questions related to the treatment contract, regardless of the aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the treating physician, the latter or the MVZ is solely responsible.
§ 5 Duties of Avi Medical
1. Avi Medical provides the necessary technical requirements for accessibility and usability of the website or the App and maintains the connection between the server and the internet, to the extent that Avi Medical has influence over it. Avi Medical does not guarantee the success of accessing the website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Article 32 of the General Data Protection Regulation (DS-GVO) and Section 22 of the Federal Data Protection Act (BDSG) to ensure compliance with data processing requirements under DS-GVO and BDSG and to prevent the risk of data loss or destruction.
3. if necessary, Avi Medical enters into data processing agreements with the respective MVZ. Likewise, Avi Medical maintains data processing agreements with third parties whose services are necessary for the operation and maintenance of the Website or App, as well as for their technical maintenance or further development.
4. Avi Medical will continually advance the technical development of the website and the App. To maintain quality standards, regular maintenance work is required. Avi Medical reserves the right to carry out these works at any time, even if it temporarily interrupts access. In such a case, the patient is not entitled to compensation claims.
§ 6 Duties of the Patient
1. the patient undertakes to provide only truthful information both during registration and when using the website and App. The patient is aware that they are solely responsible for the completeness and accuracy of their information.
2. the patient is prohibited from making statements in their application that infringe on the rights of third parties or violate legal regulations. If the patient breaches these obligations, Avi Medical is entitled to terminate the usage contract without notice.
Other rights are reserved, particularly for injunctive relief and damages. In the event of a breach, the patient is also obligated to indemnify Avi Medical against third-party claims for damages and reimbursement of expenses based on the patient's breach. This indemnification obligation also includes the costs of Avi Medical's legal defense. Unmentioned rights of Avi Medical remain unaffected.
Furthermore, the patient is prohibited from impairing or endangering the usability of the website or App through improper use. Avi Medical assumes no liability for any damages resulting from the patient availing Avi Medical's services without consulting a physician and drawing conclusions for their actions or omissions. Avi Medical does not monitor the patient's health data transmitted to their treating physician in connection with the use of the App. Avi Medical explicitly urges every patient with health problems or symptoms of illness to immediately consult a physician if necessary. Avi Medical cannot, may not, and will not provide medical information or answer questions.
4. Avi Medical assesses patient satisfaction with the technical offerings provided by Avi Medical through the Net Promoter Score (NPS) system. The NPS system measures, through voluntary patient surveys, the likelihood that a patient would recommend Avi Medical. In addition to the NPS measurement, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not request any health data from the patient in connection with the NPS or otherwise. Avi Medical requests that every patient participating in the NPS survey refrain from transmitting health data.
§ 7 Disclaimer
1. Avi Medical is liable in accordance with statutory provisions only in cases of intent or gross negligence in the event of the culpable violation of material contractual obligations.
2. in cases of ordinary negligence, liability exists only:
- for damages arising from the violation of life, body, or health,
- for damages arising from a not insignificant violation of material contractual obligations, in which
case Avi Medical's liability is limited to the foreseeable, typically occurring damage.
3. the patient must prove any fault on the part of Avi Medical.
4. Avi Medical is in no case liable for any damages, regardless of the legal basis, that have their origin in the treatment contract between the patient and the treating physician.
5. Avi Medical's online offering has been created with the utmost care. Avi Medical provides no guarantee, whether express or implied, for the accuracy, completeness, reliability, quality, and timeliness of all content available through the online offering. If Avi Medical's online offering includes links to external websites, Avi Medical assumes no responsibility for the content of these third-party sites. The respective provider is solely responsible for the content.
§ 8 Copyright
The copyright to images, representations, or texts published by Avi Medical on www.avimedical.com or the App belongs exclusively to Avi Medical, unless otherwise indicated. This also applies to exclusive usage rights. Use of the images or texts is not permitted without Avi Medical's consent.
§ 9 Data Protection
The current data protection declaration of Avi Medical is an integral part of these GTC and can be accessed and printed at https://en.avimedical.com/en/privacy-policy.
§ 10 Right of Withdrawal
1. the patient is entitled to withdraw their declaration of intent regarding the use of Avi Medical's services in accordance with legal provisions.
2. the details of this right of withdrawal are outlined in the following withdrawal policy: Withdrawal Policy: You have the right to withdraw from the contract within 14 days without stating reasons in text form (e.g., letter, fax, email). The withdrawal period commences on the day of the conclusion of the contract. The withdrawal declaration is to be sent to Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich. Our email address is hello@avimedical.com. For formulating the withdrawal, you may use the below withdrawal form, but are not obliged to do so. Timely dispatch of the withdrawal suffices to meet the withdrawal deadline. In case of an effective withdrawal, the mutually received services are to be returned and any benefits derived are to be surrendered. In case of your effective withdrawal, we are obligated to refund payments received from you immediately. We will use the payment method you chose unless an alternative arrangement has been made. The refund is free of charge. If we have already provided the services owed before the withdrawal period expires, you must pay us an amount corresponding to the services rendered up to the point of receiving your withdrawal. Sample Withdrawal Form If you wish to withdraw from the contract, you can use this form, but it is not obligatory. You can complete this form and send it to us. To Avi Medical Operations GmbH I hereby withdraw from the contract concluded by me for the provision of services via www.avimedical.com or the "Avi Medical" App. Personal Data Signature (only when using written form).
§ 11 Miscellaneous Provisions
If one or more provisions of these GTC are found to be ineffective, the remaining provisions shall remain unaffected. The parties agree to replace the ineffective provision with an effective provision whose economic success comes as close as possible to the ineffective regulation. This also applies in the event of a regulatory gap.
Amendments or supplements to these GTC require written form. This also applies to the waiver of the written form requirement.
German law exclusively applies to the business relationships between the patient and Avi Medical in connection with the use of the website or the App. The place of jurisdiction is the registered office of Avi Medical.
4. pursuant to § 36 VSBG, we inform you that the European Commission provides a platform for online dispute resolution in cases of disputes related to online purchases, etc., involving a consumer. You can access this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We are neither obligated nor willing to participate in this dispute resolution procedure. You can reach us at the email address hello@avimedical.com.
General Terms and Conditions of Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich for the Use of the Website www.avimedical.com and the Mobile Application Avi Medical.
§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") of Avi Medical MVZ GmbH (hereinafter referred to as "Avi Medical"), as the operating company for medical care centers (specifically: Avi Medical MVZ München GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 260346; Avi Medical MVZ Berlin GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269104; Avi Medical MVZ Hamburg GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269105; Avi Medical MVZ Stuttgart GmbH, Ridlerstraße 37-39, 80339 München, represented by Managing Director Julian Kley, Registered at the Local Court of Munich, HRB 269366) (hereinafter referred to as "MVZ") apply to both the use of the website www.avimedical.com and the use of the mobile application Avi Medical (hereinafter referred to as the "App").
2. Avi Medical offers patients the opportunity to schedule appointments with the respective MVZ online through the website www.avimedical.com or to avail telemedicine services provided by the treating physicians at the respective MVZ, including a chat function, through the App. Avi Medical acts as a pure intermediary platform for treatment contracts between patients and the respective MVZ or as a means of communication. Telemedical activities by the treating physician are always subject to the condition that the treating physician ensures compliance with the requirements for conducting telemedical treatment as per the applicable professional regulations of the State Medical Association (e.g., § 7 (4) of the Model Professional Code for physicians practicing in Germany).
3 Deviating, conflicting, or supplementary conditions of the patient shall not apply and shall not become part of the contract. This also applies if the patient refers to their conditions vis-à-vis Avi Medical or the treating physician and Avi Medical or the treating physician does not expressly object to the conditions.
4. avi Medical's offers are exclusively directed at patients who have reached the age of 18. by using avi Medical's services, the patient fully accepts these GTC.
5. to use Avi Medical's intermediary or communication services, the patient must first register on the website or by downloading the App and register there when accessing it for the first time. Registration requires the patient to provide truthful and complete data (name, first name, date of birth, email address, and mobile phone number) in the corresponding form and transmit it to Avi Medical. By registering, the patient explicitly consents to the processing of their personal data provided within this context. Afterward, they have the opportunity to schedule online appointments with the respective MVZ through the website or the App. The App also allows them to manage their patient data or avail telemedicine services offered by the treating physician, including a chat function with the treating physician. The treating physician alone provides the necessary special information to the patient regarding the specifics of exclusive advice and treatment via telecommunication media. Only the treating physician also decides whether the medical and professional requirements for conducting telemedical treatment are met.
6. if the patient avails medical services that have been arranged through Avi Medical's technical framework, the conclusion of the treatment contract, its content, and the fulfillment of medical obligations arising from it are the sole responsibility of the treating physician or the MVZ.
7. the patient can download Avi Medical's GTC in their current version at www.avimedical.com/en/terms.
§ 2 Registration
1. to fully use the services provided by Avi Medical through the website or the App, it is necessary for the patient to register and create a user account.
2. the patient is obligated to provide truthful information about their personal data in connection with registration.
3. by registering and creating the user account, the patient expressly consents to the associated processing of their personal data.
§ 3 Offer and Conclusion of Contract
By using Avi Medical's platform or App, a usage contract is established between the patient and Avi Medical. The patient also agrees that Avi Medical mediates the conclusion of a treatment contract between them and the treating physician or the MVZ.
The provider and executor of telemedical services are exclusively the treating physician or the MVZ. The patient accepts the respective offer of the treating physician by availing the telemedical services.
§ 4 Conduct of Telemedical Consultation
1. the patient initially registers with their email address and creates a password.
The use of Avi Medical's services, including the patient's communication with the treating physician through the App, is conducted via an encrypted internet connection. Avi Medical ensures compliance with the requirements for a video consultation as per Attachment 31b to the Federal Contract for Physicians. It is also a prerequisite that the patient or their legal representative expressly consents to telemedical treatment. This is done by setting a "checkmark" in the appropriate places in connection with the use of Avi Medical's technical requirements. Otherwise, only the treating physician is responsible for obtaining consent for telemedical treatment and for complying with the specialist medical standards that apply to them.
The contracting parties for the treatment contract are exclusively the patient and the treating physician or the MVZ. Avi Medical, as an intermediary, is neither a party to the contract nor acts as a representative of the patient or the physician. The treating physician or the MVZ is solely responsible for fulfilling the obligations arising from the treatment contract. Avi Medical is not authorized to answer or forward questions related to the treatment contract, regardless of the aspect of the treatment contract they relate to.
In the event of a breach of contractual obligations by the treating physician, the latter or the MVZ is solely responsible.
§ 5 Duties of Avi Medical
1. Avi Medical provides the necessary technical requirements for accessibility and usability of the website or the App and maintains the connection between the server and the internet, to the extent that Avi Medical has influence over it. Avi Medical does not guarantee the success of accessing the website or the App.
2. Avi Medical takes appropriate technical and organizational measures in accordance with Article 32 of the General Data Protection Regulation (DS-GVO) and Section 22 of the Federal Data Protection Act (BDSG) to ensure compliance with data processing requirements under DS-GVO and BDSG and to prevent the risk of data loss or destruction.
3. if necessary, Avi Medical enters into data processing agreements with the respective MVZ. Likewise, Avi Medical maintains data processing agreements with third parties whose services are necessary for the operation and maintenance of the Website or App, as well as for their technical maintenance or further development.
4. Avi Medical will continually advance the technical development of the website and the App. To maintain quality standards, regular maintenance work is required. Avi Medical reserves the right to carry out these works at any time, even if it temporarily interrupts access. In such a case, the patient is not entitled to compensation claims.
§ 6 Duties of the Patient
1. the patient undertakes to provide only truthful information both during registration and when using the website and App. The patient is aware that they are solely responsible for the completeness and accuracy of their information.
2. the patient is prohibited from making statements in their application that infringe on the rights of third parties or violate legal regulations. If the patient breaches these obligations, Avi Medical is entitled to terminate the usage contract without notice.
Other rights are reserved, particularly for injunctive relief and damages. In the event of a breach, the patient is also obligated to indemnify Avi Medical against third-party claims for damages and reimbursement of expenses based on the patient's breach. This indemnification obligation also includes the costs of Avi Medical's legal defense. Unmentioned rights of Avi Medical remain unaffected.
Furthermore, the patient is prohibited from impairing or endangering the usability of the website or App through improper use. Avi Medical assumes no liability for any damages resulting from the patient availing Avi Medical's services without consulting a physician and drawing conclusions for their actions or omissions. Avi Medical does not monitor the patient's health data transmitted to their treating physician in connection with the use of the App. Avi Medical explicitly urges every patient with health problems or symptoms of illness to immediately consult a physician if necessary. Avi Medical cannot, may not, and will not provide medical information or answer questions.
4. Avi Medical assesses patient satisfaction with the technical offerings provided by Avi Medical through the Net Promoter Score (NPS) system. The NPS system measures, through voluntary patient surveys, the likelihood that a patient would recommend Avi Medical. In addition to the NPS measurement, the patient is asked to answer a question from Avi Medical that does not relate to health data. Avi Medical will not request any health data from the patient in connection with the NPS or otherwise. Avi Medical requests that every patient participating in the NPS survey refrain from transmitting health data.
§ 7 Disclaimer
1. Avi Medical is liable in accordance with statutory provisions only in cases of intent or gross negligence in the event of the culpable violation of material contractual obligations.
2. in cases of ordinary negligence, liability exists only:
- for damages arising from the violation of life, body, or health,
- for damages arising from a not insignificant violation of material contractual obligations, in which
case Avi Medical's liability is limited to the foreseeable, typically occurring damage.
3. the patient must prove any fault on the part of Avi Medical.
4. Avi Medical is in no case liable for any damages, regardless of the legal basis, that have their origin in the treatment contract between the patient and the treating physician.
5. Avi Medical's online offering has been created with the utmost care. Avi Medical provides no guarantee, whether express or implied, for the accuracy, completeness, reliability, quality, and timeliness of all content available through the online offering. If Avi Medical's online offering includes links to external websites, Avi Medical assumes no responsibility for the content of these third-party sites. The respective provider is solely responsible for the content.
§ 8 Copyright
The copyright to images, representations, or texts published by Avi Medical on www.avimedical.com or the App belongs exclusively to Avi Medical, unless otherwise indicated. This also applies to exclusive usage rights. Use of the images or texts is not permitted without Avi Medical's consent.
§ 9 Data Protection
The current data protection declaration of Avi Medical is an integral part of these GTC and can be accessed and printed at https://en.avimedical.com/en/privacy-policy.
§ 10 Right of Withdrawal
1. the patient is entitled to withdraw their declaration of intent regarding the use of Avi Medical's services in accordance with legal provisions.
2. the details of this right of withdrawal are outlined in the following withdrawal policy: Withdrawal Policy: You have the right to withdraw from the contract within 14 days without stating reasons in text form (e.g., letter, fax, email). The withdrawal period commences on the day of the conclusion of the contract. The withdrawal declaration is to be sent to Avi Medical Operations GmbH, Ridlerstraße 37-39, 80339 Munich. Our email address is hello@avimedical.com. For formulating the withdrawal, you may use the below withdrawal form, but are not obliged to do so. Timely dispatch of the withdrawal suffices to meet the withdrawal deadline. In case of an effective withdrawal, the mutually received services are to be returned and any benefits derived are to be surrendered. In case of your effective withdrawal, we are obligated to refund payments received from you immediately. We will use the payment method you chose unless an alternative arrangement has been made. The refund is free of charge. If we have already provided the services owed before the withdrawal period expires, you must pay us an amount corresponding to the services rendered up to the point of receiving your withdrawal. Sample Withdrawal Form If you wish to withdraw from the contract, you can use this form, but it is not obligatory. You can complete this form and send it to us. To Avi Medical Operations GmbH I hereby withdraw from the contract concluded by me for the provision of services via www.avimedical.com or the "Avi Medical" App. Personal Data Signature (only when using written form).
§ 11 Miscellaneous Provisions
If one or more provisions of these GTC are found to be ineffective, the remaining provisions shall remain unaffected. The parties agree to replace the ineffective provision with an effective provision whose economic success comes as close as possible to the ineffective regulation. This also applies in the event of a regulatory gap.
Amendments or supplements to these GTC require written form. This also applies to the waiver of the written form requirement.
German law exclusively applies to the business relationships between the patient and Avi Medical in connection with the use of the website or the App. The place of jurisdiction is the registered office of Avi Medical.
4. pursuant to § 36 VSBG, we inform you that the European Commission provides a platform for online dispute resolution in cases of disputes related to online purchases, etc., involving a consumer. You can access this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
We are neither obligated nor willing to participate in this dispute resolution procedure. You can reach us at the email address hello@avimedical.com.