GTCs

 

General Terms and Conditions for using the services of Medexo GmbH

I. Subject matter and scope of the contract

  1. Medexo GmbH (hereinafter referred to as ‘Medexo’) operates a second opinion service – including via the Internet platform www.medexo.com – by means of which private individuals and health funds and health insurance funds cooperating with Medexo (hereinafter referred to as ‘Users’) can request second medical opinions and can issue an order for the preparation of a second opinion to the specialised doctors in Medexo’s portfolio (hereinafter referred to as ‘Specialists’).
  2. The essential service component from Medexo is delivery of a quality management system to the benefit of Users. Users profit from this because Medexo carefully selects Specialists for its portfolio according to general quality characteristics. Furthermore, extensive questionnaires and the opportunity to send material on findings create a reliable point of reference for the Specialists.
  3. The following General Terms and Conditions (hereinafter referred to as ‘GTCs’) apply to the services (request for a second opinion) of Medexo GmbH.
  4. Medexo itself does not offer any second opinion services and merely accepts the requests for a second opinion as the authorised receiving agent of the Specialist involved. Medexo itself does not become a party to the contracts, which are entered into exclusively and separately between Users and Specialists.
  5. The instruction of the User to the Specialist involved to prepare a second opinion is executed under the respective second opinion contract valid at the time of the order. The second opinion contract is transmitted by Medexo in its role as authorised declaratory and receiving agent by post (attached to this letter) or in text form (by means of email or fax).

 

II. Contact details

Medexo GmbH

Hauptstraße 117

10827 Berlin

service@medexo.com

 

III. Mode of operation of the Medexo service (Internet platform, order by post)

  1. Medexo operates the Internet platform www.medexo.com, on which interested people can register as Users. Following registration, Users are allocated a personal account, through which they can order a second medical opinion from the Specialists made available to them – as far as possible from the Specialist of their choice.
  2. Medexo also offers the service of second opinion brokerage by post. In this case, the User is sent all the necessary documents by post.
  3. The User initially receives a specialisation suggestion, appropriate to the medical specialisation involved, concerning the Specialist to whom he can turn for the preparation of a second opinion.
  4. This specialisation suggestion is based on introductory questions employed by Medexo, by means of which information on the clinical picture of the particular User is gathered. Following this suggestion, the User can decide whether they would like to choose the specialisation described and instruct the Specialist to prepare a second opinion.
  5. In order to submit a binding offer for the preparation of a second opinion, the User must be registered with Medexo and have an authorised User account or – where ordering by post – send the signed order confirmation and declaration of consent to Medexo GmbH. As part of this user account, the user must fill in a comprehensive questionnaire relating their symptoms and attach documents relating to it or – where ordering by post – send the completed questionnaire and related documents by post to Medexo GmbH. Medexo’s Internet platform provides Users with the technical means of instructing the appropriate Specialist for the purpose of preparing a second opinion. This instruction to the Specialist occurs by means of a separate contract with the Specialist (cf. Item V.)
  6. The Specialist instructed by the User prepares the second opinion exclusively on the basis of the questionnaire provided by the User to Medexo and the additional documents made available for this purpose. Medexo undertakes the secure transmission of the documents to the Specialist via its Internet platform www.medexo.com.
  7. Users can view Specialists’ profiles on the website www.medexo.com. The User can obtain information about doctors’ experience, their biographies and their publications to date via the website.
  8. The User has the opportunity to examine the completeness of the documents during the ordering process. By sending their request, the User warrants that the documents transmitted by themselves are genuine and declares that all information provided by themselves is true and complete.
  9. Where the User completes a transaction by post rather than via the medexo.com portal, the second opinion will be sent to the user by post after the Specialist has completed it.

 

IV. Entry into effect of the contract between the User and the Specialist for the preparation of a second opinion

  1. The description of the scope of Medexo’s services on the www.medexo.com website is restricted to the functions described in Items 1 and 3. In particular, it therefore does not include the preparation of second opinions. A contract for the preparation of a second opinion is entered into exclusively between the User and the Specialist.
  2. By sending his questionnaire and the associated documents to Medexo, the User requests that the Specialist prepare a second opinion. With respect to the questionnaire and documents, Medexo functions solely as a receiving agent authorised by the Specialists. The questionnaires and the associated documents are therefore considered to be received by the Specialist from the time at which they have been provided to Medexo in writing and entered by Medexo on the www.medexo.com website and are available to the Specialist.
  3. All the User’s details are reviewed again by the medically trained staff of Medexo GmbH for accuracy and completeness before the questionnaire is sent. In this connection the Specialist involved uses Medexo as his vicarious agent.
  4. A contract for the preparation and transmission of the desired second opinion is not entered into until Medexo confirms the completeness of the forwarded documents. In addition, it is necessary for the User to confirm that they have previously been advised that the Specialist involved expressly recommends that the second opinion prepared and any treatment suggested should be discussed personally with another doctor face to face (see section 4 of the attached second opinion contract). Only then can a binding offer be made to the Specialist. The Specialist accepts the offer without making a separate declaration to the User. In this connection the Specialist involved uses Medexo as his vicarious agent.
  5. The text of the contract, including the GTCs valid at the time the contract is entered into, is sent to the User by Medexo with this letter, or he can download it in text form at the time of entering into the contract at medexo.com/zweitmeinungsvertrag. With regard to the second opinion contract, the Specialist involved uses Medexo as his vicarious agent.

 

V. Prices and terms of payment

  1. The Specialist provides private doctor’s services in the form of a written second opinion on the conditions described when the questionnaire and the documents were sent. The remuneration of the second opinion is governed by the Gebührenordnung für Ärzte (GOÄ, the German statutory schedule of physicians’ fees). The Specialist enters into a separate fee agreement for this purpose with the User or the entity bearing the cost.
  2. Medexo charges each User (health fund, health insurance fund or patient) a fee for the use of the second opinion service. This fee is comprised of a base fee for basic support services and for the use of the system and the individual services of Medexo GmbH selectable by the particular User during the process. These fees are stated clearly to the User at all times in a summary, if the costs are not borne by the health fund or health insurance fund and the bearer of the costs does not explicitly request that the User is to see the costs.
  3. The fees for use under Item 2 are due upon the User and the Specialist entering into the contract. The remuneration for the second opinion under Item 1 is due upon the second opinion being made available to the User. A commensurate advance payment is to be made towards the remuneration for the second opinion. The respective advance payments to be made will be clearly stated to the User at all times in a summary, if the costs are not borne by the health fund or health insurance fund and the bearer of the cost does not explicitly request that the User is to see the costs. The payments must be made by PayPal, credit card or bank transfer, if the costs are not borne by the User’s health fund or health insurance fund.
  4. A payment is considered to be made only when Medexo has the amount at its free and unconditional disposal.
  5. The User can only offset Medexo’s claims if their counterclaim is undisputed or if there is a legally enforceable title.

 

VI. Statement of cancellation rights Medexo Medexo

With respect to the request for a second opinion facilitated by Medexo and the quality management processes associated with this and additional administrative processes (user contract), and also the orders associated with it, you as a consumer have a cancellation right in accordance with the Statement of Rights in Annex 1.

 

Vll. Statement of cancellation rights: Specialists

The Specialists who offer services to you in the form of the second opinions to be prepared are obliged to provide you with the consumer protection information required by law and to instruct you about your statutory right of cancellation or return, where such a right exists.

The Specialist involved provides their statement of cancellation rights as part of the second opinion contract (attached, or see Annex 2.)

The cancellation is to be addressed to the authorised receiving agent:

Medexo GmbH

Hauptstraße 117

10827 Berlin

Fax number: +49 (0)30 555 7053 99

Telephone number: +49 (0)30 555 7053 0

Email: service@medexo.com

VIII. Liability of Medexo

  1. Damages that arise in connection with the preparation of the second opinion are excluded from Medexo’s liability, since Medexo is not a party to this contract. In this connection, the User must refer to the respective Specialist who prepares the second opinion. Liability provisions relating to this can be found in the second opinion contract (attached).
  2. In respect of liability of Medexo arising from the breach of duties in the context of the user contract, liability is restricted, no matter what the cause in law, to the amount of damages foreseeable for this type of contract when entering into the contract. This does not apply to the breach of material contractual obligations, that is, contractual obligations, the fulfilment of which is necessary in order to make the fulfilment of the contract possible at all, and in adherence to which the User usually trusts and is entitled to trust, for damage to body, life and health, for wilful or grossly negligent breaches of duty by Medexo, its legal representatives or its vicarious agents, for liability under the Produkthaftungsgesetz (the German Product Liability Act), and for claims arising from guarantees.
  3. Medexo cannot be made responsible either for false statements in the documents sent by the User, or for delays in transmission or failures for technical reasons, unless Medexo causes such statements or delays in transmission or failures wilfully or through gross negligence.
  4. Medexo accepts no liability for the uninterrupted availability of the system and for system-related failures, interruptions and/or malfunctions of the technical equipment and the platform services, in so far as these symptoms are beyond Medexo’s control. In particular, Medexo is not liable for disruption to the quality of access to the services due to force majeure or events for which Medexo is not responsible, in particular the failure of communications networks and gateways. Medexo categorically excludes liability for insignificant interruptions to services.
  5. Furthermore, Medexo is not liable for the unauthorised acquisition of knowledge by third parties of the User’s personal data (e.g. due to unauthorised access by ‘hackers’ to the databank), unless Medexo and/or its vicarious agents made the unauthorised acquisition of knowledge of personal data possible wilfully or through gross negligence.

 

IX. Data protection

  1. Trust is essential when surrendering data. Every participant in legal dealings has a crucial interest in being able to determine whether and how their data is handled. Protecting personal data is therefore a central concern for Medexo, and of great importance. So that you can feel secure when using our services, Medexo collects, processes (and in particular stores) and uses personal information in strict compliance with the relevant provisions of the BDSG, (the German Federal Data Protection Act), the Telemediengesetz (TMG, the German Telemedia Act) and European data protection provisions.
  2. Medexo collects, processes (and in particular stores) and uses the User’s personal data exclusively for the purpose of preparing the offer requested and the preparation by a Specialist of the second opinion ordered, as well as the delivery and ongoing development of the second opinion service itself. The data necessary for a general evaluation (cf. III) by the Specialist and for the preparation of the second medical opinion are forwarded to one or more Specialists listed on the Internet platform www.medexo.com. The personal data transmitted to Medexo also includes details about the User’s health, and is therefore particularly sensitive data in need of special protection, which falls within the category of ‘special types of personal data’ under section 3 para. 9 of the BDSG. The User’s consent to the collection, processing (in particular storing and transmission of the data to the Specialists listed on the www.medexo.com Internet platform) and use is granted in a separate declaration of consent, which is attached to this letter. Information on consent to the collection and use of personal data is attached separately.
  3. Medexo will not pass on the User’s personal data to other third parties or provide them with knowledge of it without authorisation.
  4. The User is entitled to information on, correction, blocking and deletion of the data stored at all times free of charge.
  5. Particulars relating to the processing of the User’s data are described and laid down in detail in Medexo’s privacy statement, which is attached to this letter and accessible on the www.medexo.com Internet platform.

 

X. Declaration of waiver of doctor’s duty of confidentiality

Where the contract is entered into by post, waiver of the doctor’s duty of confidentiality is the subject of a separate declaration under ‘Information and consent to the collection and use of personal data’. This can be viewed online and downloaded in the GTCs in Annex 4. Where the contract is entered into online, this waiver forms part of registration.

 

XI. Applicable law, place of jurisdiction, written form requirement

  1. The user contract including these GTCs is subject to the substantive law of the Federal Republic of Germany, excluding UN Sales law.
  2. The language of the contract is German.
  3. The place of jurisdiction, to the extent permissible by law, is Berlin.
  4. All declarations transmitted as part of the user contract to be entered into with Medexo, and as part of the second opinion contract with the respective Specialist through Medexo as an authorised declaratory and receiving agent, must be made in written form or by email to kontakt@medexo.com or via the Medexo contact form.

 

XII. Changes to these GTCs

Medexo reserves the right to change these GTCs at any time without giving reasons. The changed conditions will be sent to Users by email or post at least two weeks before they enter into effect. If a User does not dispute the validity of the new GTCs within two weeks of receiving them, the changed GTCs are deemed to have been accepted. Medexo will alert the User separately to the significance of this two-week time limit in the email or the letter containing the changed conditions.

 

Annex 1

Cancellation rights

You have to right to cancel this contract within fourteen (14) days without giving reasons.

The cooling off period is fourteen (14) days from the day the contract is entered into. In order to exercise your right of cancellation, you must inform us

Medexo GmbH

Hauptstraße 117

10827 Berlin

Fax number: +49 (0)30 555 7053 99

Telephone number: +49 (0)30 555 7053 0

Email: service@medexo.com

by means of an unambiguous declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can also use the sample cancellation form attached; however this is not mandatory.

 

You can also fill out the sample cancellation form or another unambiguous declaration electronically and submit it on our website, Medexo contact form.. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of the receipt of said cancellation.

To cancel the contract within the cooling-off period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cooling-off period has expired.

 

Consequences of cancellation:

If you cancel this contract, we must pay back to you all payments that we have received from you immediately and at the latest within fourteen (14) days from the day on which the advice of your cancellation of this contract was received by us. We use the same method of payment for this repayment that you used in the original transaction, unless a different method was expressly agreed with you. Under no circumstances will you be charged fees because of this repayment.

If you have requested that the services should begin during the cooling-off period, you must pay us an appropriate amount that corresponds to the proportion of the whole scope of the services provided for in the contract that the services represent that have already been delivered up to the time at which you advised us of your exercise of the right to cancel this contract.

 

Annex on Statement of cancellation rights – sample cancellation form

 

(If you wish to cancel this contract, please complete and return this form and send it back to us)

 

To Medexo GmbH, Hauptstrasse 117, 10827 Berlin, Fax number +49 (0)30 555 7053 99, Telephone number +49 (0)30 555 7053 0, service@medexo.com

 

I hereby cancel the contract entered into by me for the performance quality management process service provided via Medexo GmbH and the administrative processes that were delivered in connection with the preparation and despatch of the second opinion.

Executed on […]/ Received on […]

Address of the consumer […]

Signature of the consumer (only necessary for postal method)

Date

 

End of the statement of cancellation rights –

 

Annex 2

Second opinion contract

 

Between

The patient in their function as a user of the platform – hereinafter referred to as the Client – and

A Specialist from the Medexo specialist team – hereinafter referred to as Specialist –

 

  • 1. Subject matter of the contract

The Specialist will prepare a second opinion for the Client on questions relating to their medical symptoms, the subject matter of which will be the assessment of initial medical findings.
In order to prepare the second opinion, the forms completed by the Client about their medical condition are evaluated, including the open sections of the questionnaires filled out individually by the user. In addition, all further medical documents that the user makes available to the Specialist via MEDEXO (including X-rays and MRI images) are included in the expert opinion. In the course of preparing this second opinion, the Specialist will engage intensively and comprehensively with the information made available to them, where appropriate drawing on scientific studies for greater depth.

  • 2 Time

The Specialist will prepare the second opinion by the time agreed with the Client. When a standard second opinion is selected, the Specialist must prepare a second opinion within the time limit for preparation according to the booked product, after confirmation of the completeness of the documents to be transmitted by the Client, and this opinion is to be delivered to the Client.

 

  • 3 Remuneration

Remuneration for the second medical opinion ordered is governed, in so far as legally required, by the Gebührenordnung für Ärzte (GOÄ, the German statutory schedule of physicians’ fees). The Client (where the cost is met directly) or the bearer of the cost (e.g. the Client’s health fund or health insurance fund) enters into a separate fee agreement with the expert for this purpose.

 

  • 4 Liability

The Client has been informed in advance via the terms of service described on the Internet platform under Item V para. 4, and again separately as part of their request for a second opinion, that not only the operator of the platform MEDEXO but also the Specialist expressly recommend that the second opinion report and any suggested treatment be discussed personally face to face with an additional doctor. It is therefore in the Client’s own interest to comply with this recommendation. If the Client should ignore the recommendation made, they should be advised that this is not consistent with the best possible diagnosis or the best possible treatment, where treatment is necessary. Possible damages that accrue to the Client as a result of neglecting the recommendation expressed may only be taken into account in a reduced manner or not at all in particular cases.

 

  • 5 Duty of confidentiality

The Specialist undertakes to maintain the confidentiality, including after the completion of the second opinion, of all matters of which he obtains knowledge and vis-à-vis any person. The Specialist is forbidden from collecting or using personal data without permission (data secrecy). Upon commencing his activity, the Specialist undertakes to adhere unconditionally to data secrecy. Data secrecy also continues to apply after the end of the second opinion task, and therefore so does the obligation of the Specialist.

 

  • 6 Termination of the contractual relationship

The second opinion contract may be terminated by the Client at any time without giving reasons. Otherwise, the contractual relationship will end when the second opinion is completed and delivered to the Client.

 

  • 7 Statement of cancellation rights

With respect to the second opinion provided by the Specialist, you as a consumer have a right of cancellation in accordance with the German statutory provisions on long-distance sales corresponding to the statement in Annex 1.

 

  • 8 Final provisions

To be effective, changes or additions to this contract must be in written form. This also applies to a change to the requirement for written form. Ancillary clauses for this contract have not been entered into either in written or in oral form. Ancillary agreements and the annulment of this contract must also be in written form to be effective. This also applies to a change or annulment of this requirement for written form. Individual agreements are excepted from this.

 

If a provision of this contract should be ineffective in part or in full, this does not affect the validity of the remaining provisions. In this case, the parties are obliged to negotiate an effective and reasonable substitute provision which as closely as possible approximates the commercial intent of the parties to the contract pursued with the ineffective provision. The same applies to gaps in the contract.

 

The place of jurisdiction for all disputes arising from this contract is the court which is geographically and functionally responsible for the Specialist’s place of residence. The law of the Federal Republic of Germany applies.

 

Annex 4

 

Information and consent to the collection and use of personal data

In order to enable you to participate in our second opinion service, Medexo must collect, store and use the following data from you. This includes data about your health, which is subject to special data protection requirements, is protected by criminal sanctions and is subject to the duty of medical confidentiality.

 

  • Your name, address, date of birth, gender, telephone, email and – where you pay the costs of the second opinion directly to Medexo – credit card and account data (depending on the method of payment) for the purposes of billing.
  • Health-related data, including image recordings for the purpose of selection of experts and forwarding of the data to one or more of the experts listed on the www.medexo.com Internet platform, who use this data to prepare a second opinion.
  • Receipt of the expert’s second opinion by Medexo in order to forward the second opinion to a doctor named by you, or to you, and also receipt of the billing information from the expert for the purposes of billing of the latter’s services by Medexo.
  • The use of anonymised health-related data for the purposes of quality assurance and for the evaluation and further development of our second opinion service.
  • Disclosure of the health-related data (where applicable including the second medical opinion if agreed upon) to your health fund or health insurance fund – where the latter bears the costs of the second opinion or refunds them – for the purposes of billing and evaluation of our service.

 

Use of the data described above is only permitted to Medexo with your explicit consent. The following consent can be revoked at any time with effect for the future.

Being aware of this information and the option of revocation, I consent to the collection and use of this data for the stated purposes. I explicitly release the experts from their duty of confidentiality in so far as necessary for the stated purposes.

 

  • I have read the above declaration and agree with it.

 

  • I have read the data protection provisions and the GTCs of Medexo GmbH and agree with them.

 

  • I agree to the second opinion contract and issue Medexo GmbH with an order for the preparation of a second medical opinion by the respective Specialist in accordance with the attached order form and the provisions of the second opinion contract.

 

  • I agree with the statement of cancellation rights and expressly request that Medexo GmbH begins service delivery before the end of the cooling off period. I am aware that my right of cancellation extinguishes upon complete fulfilment of the contract.

 

  • I am aware that the preparation time limit begins as soon as the completeness of the patient documents is confirmed by the Specialist from the Medexo expert team.