Terms and Conditions

General Terms and Conditions and Conditions of Use for "flymedic"

JNB Healthlab GmbH of Söhnleinstraße 8, 65201 Wiesbaden, Germany (hereinafter: flymedic) operates an online portal on the domain www.flymedic.com. This Internet platform is intended for people (hereinafter: users) who are interested in medical services. In addition to the provision of information about medical services, flymedic's goal is to bring medical service providers from EU countries outside Germany (hereinafter: providers) and users into contact. Providers can set up a profile on the flymedic Internet site, which provides information for interested users. The provider is solely responsible for the provision of this information. Treatment contracts are concluded between providers and users exclusively. flymedic has no influence whatsoever on the conclusion and the content of such contracts. After the use of a provider's medical services, such services can be rated by the treated user on the basis of predetermined criteria. The ratings (which take place on a scale) should make other users' assessment of the quality and reliability of medical services and/or individual providers easier, the ratings being purely subjective, however. The ratings cannot be and are not checked by flymedic. In addition, user forums are set up on the Internet platform for users to exchange experiences and opinions.

The information held can in no way replace a medical examination or a medical consultation. If necessary, a suitable doctor should be consulted. Under no circumstances should treatments be commenced, altered or terminated independently. The information provided by flymedic and other services is not suitable for producing a self diagnosis and may not be used for this purpose. Medical treatments are reserved for doctors and dentists alone.

1. Conclusion of the contract, flymedic's right of control

1.1 The user assures flymedic that he is over 18 years of age. User guarantees that he will use the Internet platform exclusively for private, non-commercial purposes.

1.2 flymedic is entitled to check the user's personal data on the basis of suitable official papers and, in the case of suspicion of misuse, to block or delete the user's account without naming reasons.

1.3 The use contract for flymedic's online service enters into effect at the moment when the user has successfully registered with flymedic.

2. Scope of flymedic's services

2.1 flymedic provides information about medical services on its Internet site. The information held should in no way replace a medical examination or a medical consultation. If necessary, a suitable doctor should be consulted. Under no circumstances should information provided by flymedic be used to commence, to alter or to terminate treatments independently. The information provided by flymedic and other services are not suitable for producing a self diagnosis and may not be used for this purpose. Medical treatments are reserved for doctors and dentists.

2.2 The user can see profiles of medical service providers from outside Germany (providers) on the Internet platform operated by flymedic. The content, accuracy and updating of these profiles is the sole responsibility of the providers. flymedic is not obligated to check the profiles and also does not perform any checks.

2.3 The user is furthermore permitted to contact providers. flymedic only provides the platform for this purpose. The user can select up to ten providers for themselves and enquire about medical services using a pre-prepared form. flymedic is not involved in contractual relationships between users and providers and also in no way influences the conclusion or the content of the contracts.

2.4 Users are permitted, after the use of a provider's medical service, to issue a rating on a scale of zero to five stars on the basis of predetermined criteria (such as, e.g. friendliness of the staff, satisfaction with the provider and the treatment). This is published on the Internet platform in the relevant provider's profile. The ratings are not checked by flymedic and may be inappropriate or misleading.

2.5 Forums are set up on the Internet platform, which should permit the exchange of experiences and opinions between the users (user forums). However, flymedic does not carry out any checks on the contributions which purely reflect subjective personal perceptions, experiences and assessments of the users and are neither universally valid nor representative. Only when flymedic becomes aware or is made aware by third parties of a contribution that is not permitted by law, will the contribution at issue be deleted.

2.6 flymedic provides access to the profiles and the communication platform merely within the context of the predictable requirements and in accordance with the accepted technical standard in each case. The user is aware that it is not possible, according to the state of the art, to produce completely error-free programming.

2.7 For technical reasons (network interruption, power cut, necessity of updates of a technical nature or to content, etc.), flymedic is not obligated to keep the Internet site permanently accessible.

2.8 flymedic is entitled to interrupt service completely or partially, to the extent service or maintenance work on the servers or other technical devices becomes necessary. flymedic will try to schedule downtimes and maintenance periods at times other than Monday through Friday 08:00 to 20:00 (CET) and to keep the same as short as possible.

3. Non-remuneration, exclusion of set-off

3.1 The use of flymedic's online services is free-of-charge for the user.

3.2 The user can only set off against any pecuniary claims from flymedic, particularly for damages, with uncontested or legally determined claims.

4. The user's duties and liability

4.1 The user agrees to only send enquiries for medical services to providers, that relate to himself personally. The submission of enquiries that are not meant seriously or that are made on behalf of third parties is prohibited. Enquiries may not contain any inappropriate statements. In the event of infringement, the user is liable for the damages that may be incurred by flymedic as a result, if the user is at fault (deliberate act or negligence). If evidence of infringements exists, flymedic is entitled, without any prejudice to the right to terminate and while taking into account the relevant user's legitimate interests, to block the user's account temporarily or permanently.

4.2 The user will only rate provider's medical services that he has personally used (see clause 2.4). Ratings for provider services that users have not personally used are prohibited. The rating must be made in as objective a manner as possible, in particular, the user is to refrain from allowing influence from circumstances which do not relate to the treatment contract and its execution by the provider.

4.3 The user is prohibited from making any contributions in a user forum, regardless of the type, (see clause 2.5), if and insofar as the contributions contain statements that are not permitted by law, in particular those of an abusive, disparaging or racist nature, or any other contents that are not permitted by law. The user may not assume a false identity or make contributions at the instigation of third parties, either.The use of user forums for advertising purposes is also prohibited. The user is furthermore prohibited from posting untrue and/or defamatory statements of fact. Only strictly factual statements are permitted. Finally, expressing opinions or making other statements about specific providers or their ability, giving the name or address of providers and other details that allow them to be identified is forbidden. Users are aware that providers are allowed to look at the forums.

4.4 flymedic is entitled to delete contributions with contents that are not permitted in accordance with clause 4.3 at any time and/or while taking into account the relevant user's legitimate interests, to block the user's account temporarily or permanently. The right to terminate shall remain unaffected thereby.

4.5 If a claim is made in or out of court against flymedic by third parties because of a user's contribution that is not permitted in accordance with clause 4.3, the user is obligated, in response to the first written request, to indemnify flymedic against third parties' existing costs as well as against costs which may be incurred by flymedic as a result of an appropriate legal defence (court and lawyers' fees), which may become necessary. The user is liable for damages which are incurred by flymedic in such cases insofar as the user cannot prove that they are not at fault (deliberate act or negligence).

4.6 The user agrees to the long-term storage and publishing of their contributions made to user forums.

4.7 If the user discovers a contribution in a forum, which is not permitted in accordance with clause 4.3, he is obligated to report it to flymedic without delay (by email to: userforum@flymedic.de).

4.8 If the user makes use of third parties' data for commercial purposes that has become known to them in a forum, or if they combine their registration with their business interests, he agrees to pay to flymedic a contractual penalty of 5,000.00 euros for each proven, culpable infringement. Further claims for damages shall remain unaffected thereby.

4.9 The user is obligated to protect login data (user name, password) carefully, and as they would valuables, against unauthorised access by third parties. The user is to change their password at regular intervals. The user may only input their personal login data directly via the official flymedic Internet site.

4.10 The user is obligated to use technical safeguards to protect their computer against system damage and data loss. To this end, it is recommended that the user install up-to-date antivirus, anti-spyware and firewall software as well as carry out regular backups of their data.

5. Validity and change of the General Terms and Conditions and Conditions of Use

5.1 flymedic's General Terms and Conditions and Conditions of Use are valid exclusively for the contractual relationship between flymedic and the user. The user's General Terms and Conditions or similar regulations are herewith expressly rejected.

5.2 flymedic reserves the right to change these General Terms and Conditions and Conditions of Use at any time and without naming reasons. The changed conditions will be sent to the user by email with the changes highlighted at the latest four weeks before they enter into force. If the user does not object to the changes within four weeks of receiving them by email, their agreement with the changes shall be deemed to have been granted. The right to object and the legal consequences of silence will be pointed out to the user separately in the email that contains the changed conditions.

6. flymedic's liability

6.1 flymedic is only liable without limitation in the event of deliberate act or gross negligence. flymedic is likewise liable without limitation in event of a negligent breach of duty, insofar as claims arising from injury to life, body or health are at issue.

6.2 In addition, flymedic is only liable in the event of simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of the contract, is involved if the orderly execution of the contract as a whole is only possible if it is fulfilled and if the user can routinely trust that it will be complied with. The user's claim for damages in the event of a breach of material duties on the basis of simple negligence is, however, limited to damages that are foreseeable and typical for this type of contract.

6.3 flymedic's liability due to a deliberate act to deceive or a guarantee or warranty and in accordance with the provisions of the German product liability law, remains unaffected.

6.4 Clauses 6.1 to 6.3 shall also apply to flymedic's legal representatives, senior employees or any other of flymedic's vicarious agents.

6.5 flymedic accepts no liability for whether information offered by providers or any other third parties is correct in terms of its content, complete and up to date. This applies in equal measure for external content from Internet sites operated by third parties, to which flymedic links by means of so-called links.

7. Term, retraction and termination of the contract/Discontinuation of the online portal

7.1 The user is entitled to retract his declaration of intent, made for the purpose of concluding the contract, at any time without observing a notice period and without giving reasons to flymedic. The user is cognizant of their right to retract.

7.2 The user is entitled, at any time and without giving reasons, to cancel the use contract in writing or by email. The termination can also take place online – by means of clicking on a corresponding field ("Cancel the Use Contract").

7.3 flymedic can terminate the use contract at any time, with a notice period of one month from the end of the month. The right to block the user account or to delete a user's contributions that are not permitted (see clauses 4.1 and 4.3) is not affected thereby.

7.4 The right to terminate without notice for good cause remains unaffected for both parties.

7.5 In particular, good cause for a termination by flymedic exists, if evidence exists that

a) the user is intentionally sending enquiries to providers that are not meant seriously,
b) the user is sending enquiries to providers at the instigation of third parties,
c) the user is intentionally making inappropriate submissions,
d) the user is issuing inappropriate ratings with the intention of causing damage to the provider or
e) the user repeatedly makes contributions in a user forum that are not permitted in accordance with clause 4.3, whereas even the first instance of making an impermissible contribution is enough in serious cases.

7.6 Irrespective of the right to terminate, flymedic is entitled to discontinue the operation of the online portal, in whole or in part.
8. Statute of limitations

Claims by the user against flymedic shall become time-barred after two years, to the extent they do not relate to an intentional or grossly negligent breach of duty, breach of a material contractual duty (see clause 6.2), intention to deceive, a guarantee or warranty and to the extent the claims do not affect any damages due to injury to life, body or health and do not arise under German product liability law. The period begins at the end of the year in which the claim has arisen and the user has become aware of his right to assert or had to become aware in the absence of gross negligence. Irrespective of the knowledge or grossly negligent lack of knowledge, the claims shall become time-barred seven years from when they arose. Claims for damages shall become time-barred after a maximum of 20 years from the commission of the act, the breach of duty or the other event that caused the damage, irrespective of when they arose and the knowledge or grossly negligent lack of knowledge.

9. Appointment of third parties

flymedic is entitled to provide the contractual services by means of third parties, in whole or in part, and to appoint these people or companies for this purpose.

10. Data protection

10.1 The user agrees to the collection, processing and use of their personal data, inasfar as this is necessary for the execution of the contractual relationship. In addition to the data that the user submits during registration, all data input by the user in the context of communication with providers or other users on the platform, is saved. The processing of this data shall take place exclusively to enable communication, particularly for the purpose of transferring messages between user and provider. The user agrees to the storing of their IP address, if and insofar as they send enquiries to providers or make a contribution in a user forum. The user also agrees to the long-term storage and publication of contributions he has made in user forums (see previous clause 4.6).

10.2 The use of the data takes place in accordance with the German data protection regulations. The user has the right to retract this agreement at any time, with effect for the future. The user is aware of the privacy policy.

11. Choice of law, place of performance

11.1 The contractual relationship between flymedic and the user is subject to German law, exclusively.

11.2 The place of performance is the headquarters of flymedic (Wiesbaden, Germany).

12. Severability clause

If a provision of the preceding General Terms and Conditions and Conditions of Use is legally void or impracticable, the remainder of the contract shall remain valid.