General Terms and Conditions

General Terms and Conditions (as at 02.09.2019)

§ 1 General

The use of the services offered by FIND MY DOCTOR is governed by these General Terms and Conditions. Deviating agreements must be made in writing.

The provider of the internet offer at www.DrAnsay.com is FIND MY DOCTOR (Private) Limited (hereinafter: „DrAnsay.com“), represented by FIND MY DOCTOR (Private) Limited Office # 404, CTC Building, Block-8 Clifton, Karachi, Pakistan,

e-mail: [email protected]

§ 2 Scope of services

DrAnsay.com provides an internet platform through which patients can request sick notes (= „DrAnsay.com“) or other documents, such as an immunity pass, online from doctors for certain covered illnesses.

DrAnsay.com links doctors with patients via the FIND MY DOCTOR portal. Essential service components of FIND MY DOCTOR are

Reconnaissance of the patient’s symptoms and their transmission to a doctor online, exclusion of patients with symptoms that go beyond this or with risk circumstances,

exploration of other patient information, e.g. laboratory test results.

Constant monitoring of the quality of the services provided via FIND MY DOCTOR,

Verification of the qualifications and data protection conformity of the doctors,

the ease of use of the platform and

the security and protection of all data entered by the patient.

The patient’s data entered on FIND MY DOCTOR is automatically sent as an offer to conclude a treatment contract to a doctor who performs the tele-physician service.

From the doctor, the patient receives the doctor’s services (diagnosis, therapy recommendation & sick note or immunity passport, if applicable) when symptoms of one of the covered illnesses occur. The doctor usually sends the documents to the patient on the same day online and, if necessary, by post.


§ 3 Costs

The use of FIND MY DOCTOR costs the stated price for each patient, currently from 14€ incl. VAT plus any costs, in particular for postage. Unless the patient belongs to one of the payment-exempt groups that are explicitly queried on FIND MY DOCTOR (currently on 01.12.2018: none).

Non-statutorily insured patients pay for the doctor’s service according to GOÄ, i.e. at least 16.08€. As usual, privately insured patients receive an invoice online from the doctor according to GOÄ, which they can submit to their health insurance for reimbursement.

§ 4 Conclusion of contract

As soon as the doctor accepts the (treatment) contract offer of the patient online, a treatment contract is concluded between the patient and the doctor confirmed in the confirmation, and a contract for the above-mentioned services is concluded between the patient and FIND MY DOCTOR. If no treatment contract is concluded, the patient will automatically be reimbursed for any payments made.

By submitting the (treatment) contract offer, the patient automatically gives his/her express consent to the performance of the services of FIND MY DOCTOR as well as the physician services and hereby confirms his/her knowledge that he/she loses his/her right of withdrawal upon complete performance of the contract.

§ 5 Information obligations

There is no extrajudicial complaint or appeal procedure to which FIND MY DOCTOR is subject. All further information on FIND MY DOCTOR, the offer and the processing can be taken from the representations on www.DrAnsay.com. With regard to the technical steps for the „conclusion of the contract“, § 4 of the General Terms and Conditions must be observed. The user can cancel and correct his entries at any time. The language available for the conclusion of the contract is exclusively German.

§ 6 Rights of use

The user is exclusively entitled to the rights to the Internet offer granted in accordance with these General Terms and Conditions.

The contents, information, pictures, videos, databases published via the online application of FIND MY DOCTOR are in principle protected by copyright and as a rule owned or licensed by FIND MY DOCTOR.

The contents on the online application may only be used or reproduced for personal and not for commercial purposes. Passing on the contents without the express consent of FIND MY DOCTOR is prohibited.


§ 7 User data

No personal data will be collected, processed, passed on or used without the consent of the customer at the time of registration. Data collected with consent shall only be processed or used to the extent necessary for the processing of the contractual relationship and for the performance of services. With regard to personal data, the user has the rights to information, correction and deletion guaranteed by the Federal Data Protection Act. The user can exercise these rights by post or e-mail to FIND MY DOCTOR. The personal data is stored and processed exclusively on servers in Germany. By using FIND MY DOCTOR, the respective user agrees to make the documents and health data provided by him/her accessible to medical professionals and doctors affiliated with FIND MY DOCTOR in the context of the need for medical advice. All doctors at FIND MY DOCTOR are subject to the professional duty of confidentiality towards third parties. In all other respects, reference is made to the data protection declaration available under the „Data protection“ button.

DrAnsay.com undertakes to protect the privacy of patients and assures to collect, process and use personal data in accordance with the Federal Data Protection Act and the Telemedia Act and to process and use it exclusively for the fulfilment of contractually defined purposes. FIND MY DOCTOR obliges its employees accordingly.


Your data may be evaluated anonymously for scientific purposes.


§ 8 Availability

The service offer is generally available on weekdays from Monday to Friday. Excluded from this are the times when data back-up work is being carried out and system maintenance or programme maintenance work is being carried out on the system or the database.

In order to avoid misuse, each patient may only use FIND MY DOCTOR to a limited extent per calendar year (= 1.1. to 31.12.), depending on the indication.

§ 9 Liability

DrAnsay.com’s liability for damages, in particular for delay, non-performance, defective performance or tortious acts, exists only in the event of breach of material contractual obligations, the performance of which could reasonably be relied upon. Apart from that, FIND MY DOCTOR shall not be liable unless mandatory statutory provisions exist. The exclusion of liability shall not apply to intent and gross negligence.

DrAnsay.com shall only be liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as loss of profit is excluded. The same applies to the consequences of labour disputes, accidental damage and force majeure.

DrAnsay.com is not liable for medical damages or other consulting errors arising from the service relationship between user and physician. As a contract for the benefit of third parties, a direct service relationship arises between user and doctor for the medical questions. With regard to media content of FIND MY DOCTOR, liability claims against FIND MY DOCTOR, as well as its authors, which relate to damages of a material or non-material nature caused by the use or non-use of the information provided or by the use of incorrect or incomplete information, are fundamentally excluded, insofar as there is no demonstrable intentional or grossly negligent fault on the part of the author. The above limitations of liability apply to all contractual and non-contractual claims.

§ 10 Duties of the user

The user may only use the service offer in an appropriate manner. The user is obliged to provide information required for the provision of the services correctly, comprehensively and truthfully.

§ 11 Blocking of access

DrAnsay.com reserves the right, in the event of suspicion of improper use (in particular feigned incapacity to work) or significant breach of contract, to investigate these events, to take appropriate precautions and, in the event of justified suspicion, to block the user’s access. If the suspicion can be dispelled, the blocking will be lifted again.


§ 12 Payment

 


§ 12 Payment

The fees for the selected services announced to the user via www.DrAnsay.com at the time of the conclusion of the contract shall apply.

(1) Payment transactions are processed via PayPal (Europe) S.à r.l. et Cie, S.C.A. (PayPal) in the Luxembourg Commercial Register under No. B 127 485 with its registered office in Luxembourg (hereinafter: PayPal).

(2) The use of the payment service PayPal is subject to their terms and conditions, which are available on the Internet at this address: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.

DrAnsay.com accepts the following payment methods, which you select before bindingly booking a chargeable service with the consultant. (as of 01.12.2018):

PayPal

§ 14 Final provisions

Should individual provisions of these General Terms and Conditions including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

§ 15 Cancellation policy

Right of withdrawal:

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us FIND MY DOCTOR (Private) Limited Office # 404, CTC Building, Block-8 Clifton, Karachi, Pakistan ([email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Your right of withdrawal expires prematurely if we have provided the service in full and have only started to provide the service after you, as a consumer, have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon complete fulfilment of the contract by us.

Consequences of withdrawal:

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us its reasonable amount, which corresponds to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Model withdrawal form:

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

To

FIND MY DOCTOR (Private) Limited

Office # 404, CTC Building, Block-8 Clifton,

Karachi, Pakistan,

E-mail: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services

Ordered on (*)/received on (*)Name of the consumer(s) Address of the consumer(s)Signature of the consumer(s) (only in case of communication on paper) Date(*) Delete as applicable.

– End of the cancellation policy –

The fees for the selected services announced to the user via www.DrAnsay.com at the time of the conclusion of the contract shall apply.

(1) Payment transactions are processed via PayPal (Europe) S.à r.l. et Cie, S.C.A. (PayPal) in the Luxembourg Commercial Register under No. B 127 485 with its registered office in Luxembourg (hereinafter: PayPal).

(2) The use of the payment service PayPal is subject to their terms and conditions, which are available on the Internet at this address: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.

DrAnsay.com accepts the following payment methods, which you select before bindingly booking a chargeable service with the consultant. (as of 01.12.2018):

PayPal

§ 14 Final provisions

Should individual provisions of these General Terms and Conditions including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

§ 15 Cancellation policy

Right of withdrawal:

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us FIND MY DOCTOR (Private) Limited Office # 404, CTC Building, Block-8 Clifton, Karachi, Pakistan (email: [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Your right of withdrawal expires prematurely if we have provided the service in full and have only started to provide the service after you, as a consumer, have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon complete fulfilment of the contract by us.

Consequences of withdrawal:

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us its reasonable amount, which corresponds to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Model withdrawal form:

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

To

FIND MY DOCTOR (Private) Limited

Office # 404, CTC Building, Block-8 Clifton,

Karachi, Pakistan,

E-mail: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services

Ordered on (*)/received on (*)Name of the consumer(s) Address of the consumer(s)Signature of the consumer(s) (only in case of communication on paper) Date(*) Delete as applicable.

– End of the cancellation policy –