Terms and conditions for video consultation and medimentum
General Terms and Conditions of momentum, Postfach 420231, 12062 Berlin (“momentum”), for the use of the video consultation at momentum4kids.com and its subdomains (“offer”).
1. Preliminary Remark
On medimentum, patients have the opportunity to take part in video consultation hours with the treating health care professional (doctors, alternative practitioners, psychologists, midwives, physiotherapists, speech therapists, veterinarians), medical practices, clinics and corresponding institutions or corresponding professionals and institutions maintained by such professionals) — provided that they are offering video consultation hours. The general terms and conditions (GTC) for video consultation apply here.
These terms and conditions apply exclusively to the use of video consultation by patients. Other offers from medimentum are not the subject of these terms and conditions.
2. Scope of Services
- medimentum offers an online, audio and communication service that patients can use to get in touch with health professionals. Patients can arrange and conduct a video consultation with the health care professional. The video consultation takes place directly between the health care professional and the patient via an encrypted connection. medimentum only provides the use of the service.
- Medimentum is not responsible for the content of communication between health care professional and patient. medimentum does not offer any medical or therapeutic services beyond the service description on the website www.medimentum.de and beyond. Neither the use of medimentum nor the arrangement of video consultation hours with health professionals can replace a traditional doctor’s visit. Visit a doctor or psychotherapist on site or, in urgent cases, an emergency room. Special professional regulations and restrictions apply to medical and therapeutic care over the Internet. The range of services is therefore limited to the current legal options. Special notes in the description of services and provision of services are binding.
- The use of medimentum is free of charge for patients. For the services provided by health care professionals, they may charge separate fees. These are clearly indicated to the patient.
- As soon as the patient contacts a health care professional, a separate contract is concluded with the health care professional. This can result in costs for the patient. The patient will be informed about this separately by the health care professional.
- The use of the medimentum video consultation requires that the patient truthfully and completely transmits all the data requested in the appointment booking mask to medimentum. To use it, the patient must be at least 18 years old and have unlimited legal capacity.
- By accepting the general terms and conditions in the course of booking an appointment via opt-in, a usage agreement is concluded in accordance with these general terms and conditions.
- It is not necessary for the patient to book an appointment if the patient registers via a TAN generated by medimentum and transmitted by the health care professional. In such a case, when entering the TAN, the patient is asked to agree to these general terms and conditions and to take note of medimentum’s data protection declaration. Any further input of data by the patient is not required. The patient then goes into the virtual waiting room and the video consultation begins as soon as the healthcare professional starts the appointment.
- There is no legal entitlement to use medimentum’s services. medimentum is entitled to refuse registration without giving reasons.
4. Usage Rights
- The patient is only entitled to the rights granted to the Internet offer in accordance with these general terms and conditions.
- The content, information, images, videos and databases published via the medimentum service are fundamentally protected by copyright and are usually owned or licensed by medimentum.
- The content of the service may only be used or reproduced for personal and not for commercial purposes. Passing on the content is prohibited without the express, written consent of medimentum.
5. Patient Data / Data Protection
- Video consultation hours are neither recorded nor saved by medimentum.
- In addition, reference is made to the data protection declaration available on the website under the domain named at the beginning of these Terms and Conditions.
- All health professionals at medimentum are subject to professional confidentiality towards third parties. In exceptional cases, in which, according to the assessment of the health care professional, a risk for the patient or third party must be assumed (suicide or killing, abuse of children, etc.), there is a legal obligation to provide information.
The range of services is usually available 24 hours a day. This does not apply to the times when data backup work is carried out and system maintenance or program maintenance work is carried out on the system or the database. 2. medimentum is constantly striving to ensure the proper operation of the offer, but is not responsible for the uninterrupted usability or accessibility of the offer and in particular is not liable for technical delays, interruptions or failures.
- Medimentum’s liability, regardless of the legal reason, for damage caused by it, its legal representatives or their respective vicarious agents — subject to paragraph 2 — is limited as follows:
▪ In the event of a slightly negligent breach of an essential obligation arising from the contractual obligation (“cardinal obligation”), medimentum’s liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and typical for the contract. “Cardinal obligations” are those obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which a contracting party can regularly rely;
▪ medimentum is not liable for the slightly negligent breach of non-essential obligations from the contractual relationship.
- The aforementioned limitations of liability do not apply in the event of gross negligence or willful action, as well as in cases of mandatory legal liability, in particular in the case of assumption of a guarantee or in the event of culpable injury to life, body and health.
8. User Obligations
The patient is obliged to provide information that is required for the provision of the services correctly, comprehensively and truthfully.
9. Blocking of Access / Termination
- medimentum reserves the right to investigate these processes if it is suspected of improper use or a significant breach of contract, to take appropriate precautions and to block the patient’s access if there is justified suspicion. If the suspicion can be dispelled, the blocking will be lifted again, otherwise medimentum has an extraordinary right of termination.
- Each party has the right to terminate for an important reason. The termination must be in text form (e.g. by email). When the termination takes effect, the patient’s access to the medimentum services will be blocked.
medimentum reserves the right to change these general terms and conditions in whole or in part at any time in the event of a loophole in this agreement or in the event of a disruption in the original relationship between service and consideration, provided you are not unreasonably disadvantaged. This is especially the case if the changes are without economic disadvantages for you, e.g. if the general terms and conditions are adapted to changed registration procedures and changed functionalities or services. You will be informed of the changes in good time by e‑mail or when you log in before the new general terms and conditions come into force; in doing so, we keep a reasonable deadline. If the changes are not acceptable to you, you can terminate your registration at any time. The changes are considered approved if you continue to use medimentum domains and subdomains after the changes come into effect. You will be informed of these legal consequences separately.
11. Final Provisions
- The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, provided the member is a merchant or does not have a general place of jurisdiction in Germany; this also applies in the event that the member relocates his domicile or habitual abode outside of Germany after the conclusion of the contract or his domicile or habitual abode is not known at the time a lawsuit is filed.
- The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN-Sales Law and German International Private Law.
- Should provisions of these general terms and conditions be or become ineffective in whole or in part, the remaining provisions shall remain unaffected.