General terms and conditions of the Orthopinion incorporation (internet platform orthopinion.com)

Valid from 01.08.2020

1. Introduction

The object of the company Orthopinion GmbH is the operation of a medical services platform via the Internet, which enables users to obtain an orthopedic second opinion or to have medical diagnoses and expert opinions checked via the platform orthopinion.com.

Orthopinion GmbH takes care of this medical service from a cooperation partner (doctor).

2) Terms of use

2.1 Scope

The terms of use apply only to the patients and only for the scope of services described in point 3.

Separate terms of use apply to cooperation partners (doctors).

2.2 Declaration of consent

By using the service that Orthopinion GmbH provides through its cooperation partners (doctors), the customer agrees to be bound by Orthopinion GmbH’s terms of use and data protection declaration and to make his personal data and documents available.

2.3 Obligations and responsibilities of the user

The user undertakes to use the platform only in accordance with his purposes and not to impair its operation by the use of the platform or to impair or damage other users.

The platform is not designed to back up your medical data. To avoid data loss, it is the responsibility of the user to make their own backup copies.

Under the terms of use of the platform, the user undertakes not to violate applicable laws and not to violate any rights such as copyrights, brands or personal rights.

2.4 Sanctions and termination

In the event of a violation of the terms of use, Orthopinion GmbH is entitled to block the customer’s access to the platform and to delete all content and data.

The customer is entitled to terminate his access himself at any time.

3) Scope of services

Orthopinion GmbH provides an internet platform for digital health care in the form of an orthopedic second opinion.

3.1 Registration

Registration is required to use the platform. This is non-binding and free of charge.

By registering, the customer is obliged to provide his data truthfully and completely.

At the time of registration, the customer must be at least 18 years old and have unlimited legal capacity.

3.2 Service package

After registration, a service package is selected by the customer. These service packages differ in terms of duration and scope of services.

The prices of these service packages can be seen on the website. The prices published on the day of the accepted service apply. If interpreting costs are incurred, these will be charged additionally.

3.3 Personalization

After the selection of the service package has been made, the customer is asked to fill out a questionnaire, respond to his personal complaints and then upload the documents (MR images, X-ray images, diagnoses etc.) that were made available to him from the initial opinion.

These documents must be uploaded completely, legibly and in the specified permissible formats.

It is also possible to send the documents by post. The duration of the service package begins when the post arrives (postmark)

3.4 Payment

Payment can be made via Sofortüberweisung, credit card or PayPal.

After the payment has been received on the account of Orthopinion GmbH, the service process is started.

Payment is only deemed to have been made when Orthopinion GmbH can dispose of the payment amount unconditionally and freely.

3.5 Assignment to a cooperation partner (doctor)

After receipt of payment, the case is forwarded to the appropriate cooperation partner (doctor), the customer receives a confirmation email and the respective term of the service package begins.

3.6 Submission of the orthopedic second opinion

After the second opinion has been created, it will be sent to the customer electronically on time, including the associated invoice.

The customer has the option of requesting his documents sent by post to be returned within 30 days for the current postal fee.

4) Disclaimer

With the use of the Orthopinion.com internet platform there is no right to a case being accepted by a doctor (cooperation partner). The doctors can refuse without giving reasons. In this case, the payment is processed back and the customer’s data and documents are deleted or, if desired, returned within 30 days subject to payment (current postal fee).

Orthopinion GmbH acts as an intermediary between patient and doctor and provides the communication platform. The doctor is solely responsible for both the scope and the type of service provided.

Orthopinionn GmbH is therefore not liable for damages that arise in connection with a second opinion.

The content of the website orthopinion.com was created with the greatest care and taking into account the current medical developments. The content is regularly checked for accuracy and timeliness. Nevertheless, errors or ambiguities can occur. No liability can be accepted for such errors or ambiguities, unless these errors were caused intentionally or through gross negligence.

Orthopinion GmbH always endeavors to offer the service as trouble-free as possible. With all due care, downtimes can still occur. There is no entitlement to continuous provision of all content and services.

Orthopinion GmbH expressly reserves the right to change, supplement or delete offers and content on the orthopinion.com website.

5) Data protection

The safety of our customers is important to us. Although we strive to protect your data and your account, Orthopinion GmbH cannot guarantee that unauthorized third parties will breach our security measures.

In the course of the registration by the customer, the medical confidentiality is released and the consent to the data protection declaration, the acknowledgment of which you confirm during the registration process.

You can find detailed information on the handling of your data in our data protection declaration.

6) Cancellation policy

As a consumer, the customer has a right of withdrawal. He has the right to cancel this contract within fourteen days from the date of conclusion of the contract (confirmation of registration) without giving reasons.

You can use the attached sample form or send a specially written form by email or post.

The right of withdrawal expires prematurely when we have completed the service.

If you have requested that our service should start during the cancellation period, the doctor (cooperation partner) must be paid an appropriate amount.

6.1 Consequences of the recall

If you cancel this contract, we will return the payment we have received immediately, at the latest within 14 days, to the means of payment that you used.

7) Copyright

The content published on the orthopinion.com platform is the intellectual property of Orthopinion GmbH and is subject to copyright protection.

8) Place of jurisdiction

The relevant law of the Republic of Austria applies. The place of jurisdiction is Vienna.

9) Final provisions

Should individual provisions of the terms of use be or become wholly or partially ineffective or missing, the other provisions remain unaffected.

This also applies if a provision that needs to be supplemented appears retrospectively.