Below you will find the General Terms and Conditions of TeleDoc Holding GmbH and its subsidiaries (please enter the names of the local companies in each country), hereafter referred to as “TeleDoc”. Please read the following terms and conditions carefully. By registering with TeleDoc (MyTeleDoc app or website) you confirm your agreement to be bound by these terms and conditions. By registering, you also confirm that you are at least 18 years of age and legally competent. Please address any questions regarding our General Terms and Conditions to support@teledoc-holding.com. Further contact information can be found at the end of this document.
1 Conditions for using the services of TeleDoc
TeleDoc has developed an internet platform and app (jointly referred to as the “MyTeleDoc App”), which allow you to make use of medical consultations via video telephone and chats (video telephony) and which electronically encrypt and manage your patient information and documentation and make this visible to the doctor (patient file). Please note that the MyTeleDoc app is exclusively to be used by yourself or by any underage children of whom you are a parent or legal guardian. The use by third parties is strictly forbidden and will automatically lead to the immediate termination of your contract with TeleDoc.
2 Registration
In order for you to be able to make full use of the services offered by TeleDoc you must also register as a TeleDoc user. Please follow the instructions in the MyTeleDoc app. After completing your user profile you can change your personal information and password at any time (forgotten your password?). Your user name is the e-mail address that you provide during the registration process. You require your user name and your password in order to use the MyTeleDoc app on any device other than the one upon which you carried out the registration procedure or if you have forgotten your login data. It is your responsibility to ensure that your access data cannot be misused. Hence, you are responsible for your password and your user name and you must protect these against being discovered by third parties. Protect your privacy by choosing a safe password and taking great care of this password and of your user name. TeleDoc reserves the right to block your account at its own discretion if it has a justified suspicion of misuse. If you suspect that your account has been accessed by others or that your password has been identified, you are obliged to inform TeleDoc immediately at (support e-mail here) so that suitable protective measures can be taken. The doctor whom you contact via video telephony has an obligation to TeleDoc to check your identity and your entitlement to benefit from their services. In the event that the doctor cannot determine your identity on the basis of questions regarding your personal data, the doctor has the right to terminate the video call and refuse any further advice. In such a case you have no right to assert a claim against TeleDoc and/or the doctor. By registering, you confirm your agreement to the fact that we may, periodically and if applicable, send information about upgrades to and new developments in the MyTeleDoc app and innovations in telemedicine as well as advertising and marketing content to the e-mail address given by you. You can withdraw this agreement at any time. To this end, our support is available to you at all times (enter e-mail address).
3 Right of revocation
You have the right to revoke the contract within 14 days of signing up for membership without giving any reason, as long as you still haven’t made use of any of the services of TeleDoc. In order to exercise this right of revocation you must inform us explicitly of your decision to revoke this contract (e.g. in a letter sent by post, a fax or an e-mail) (please enter contact details here). In order to meet this revocation deadline it is sufficient to send the information that you are exercising your right to revoke before the end of this period.
4 Video telephony, patient information and documentation
By registering and placing an order that makes you liable to make a payment you are concluding a contract with TeleDoc. TeleDoc will match your payment information (credit card information in the case of credit card payments, or your client number, insurance number or telephone number in the event of a contract with a TeleDoc partner company – e.g. insurance company, bank, mobile telephone operator, etc., if applicable) and, in case of agreement, confirm you as a client. No such matching process takes place if you acquire the MyTeleDoc app by means of in-app billing in the Apple or Google Store. In the event of a contract confirmation you become a “registered TeleDoc user”. These General Terms and Conditions apply to you as a registered TeleDoc user. As a registered TeleDoc user you can immediately use the MyTeleDoc app to contact the next available doctor from the pool of doctors, who use the MyTeleDoc app to communicate with patients. In the MyTeleDoc app you can see if a doctor is available at any moment and the length of any waiting time. If no doctor is immediately available, your call will be returned via video telephony at the end of the designated waiting time at no extra cost. In order to enable as many patients as possible to have access to a doctor, the length and frequency of a video medical consultation is regulated according to the principle of “fair use”. In the event of above-average use we have the right to temporarily limit your account. TeleDoc connects doctors and patients by means of the MyTeleDoc app and is thus, merely, the operator of a telemedical communication platform. The doctors who offer advice by way of video telephony via the MyTeleDoc app are not acting as doctors on behalf of TeleDoc but simply can be reached by way of video telephony via the MyTeleDoc app. TeleDoc is not a provider of medical services, nor is not liable for or able to guarantee the content of the medical advice that you make use of via the MyTeleDoc app. This content remains the exclusive responsibility of the doctor offering the advice. By making contact with a doctor you are concluding a treatment contract with the doctor who is providing you with advice. Please note that not every state of health is suitable for a consultation via video telephony. In the case of urgent and threatening symptoms in particular it is vital, dependent upon the urgency, to directly contact the paramedical or emergency services. For example, in (enter the relevant country) the paramedical (via the number(s)…) or emergency services (via the number(s)…) can be contacted (please enter here the numbers in each country). Please inform yourself about such services in your region.
In the following cases please contact the emergency services immediately:
cardiovascular arrest
unconsciousness
shortness of breath
cramps
heavy bleeding and injuries
confusion
serious burns, etc.
Even in the case of other symptoms a doctor, whom you have reached via the MyTeleDoc app, can refuse to offer you advice due to your state of health and/or the symptoms that you describe and recommend that you call the paramedical or emergency services or visit a physical medical facility. In any event, the doctor offering you advice is responsible for deciding whether your state of health makes you suitable for a consultation by way of video telephony, for prescribing medicine for you, for giving you a sick note or giving you written instructions electronically, or for referring you to another doctor or to a medical facility in this way. In the event that the doctor’s opinion is that your case is unsuitable for a video consultation and that you should visit or call a medical facility or the paramedical/emergency services, you can make no claim against TeleDoc. You can save your patient information and documents in your patient file and give the doctor who is offering you advice access to these via the MyTeleDoc app. This information is available to the doctor during the video consultation with you and for a maximum of 24 hours thereafter, but after this they only have access to the doctor’s letter written by them. TeleDoc cannot see your patient documentation and information. Please upload all the documents that you would like to use during your video call with the doctor into your patient file before the video consultation with the doctor. You can save photos or PDF-files in your patient file. The doctor advising you can save prescriptions, referrals to other doctors or medical facilities, instructions and sick notes, and also their own doctor’s letter in your patient file. Prescriptions that you receive in this way meet the legal requirements in (enter country name) and can be electronically redeemed in (enter country name). However, TeleDoc does not guarantee that the chemists in (enter country name) or in other countries will actually accept such electronic prescriptions. Please note that any certificates of incapacity to work must in any event be sent electronically to your statutory health insurance provider in (enter country name). Documents that you have uploaded to your electronic patient file remain available in any event for one year after the ending of the contractual relationship. TeleDoc retains the right to delete these upon the expiry of this period of one year.
5 Communication between registered users and TeleDoc
Communication with TeleDoc takes place electronically. You agree hereby to this electronic communication with TeleDoc, in the absence of any stricter legal requirements. You are obliged to inform us about any changes to the data supplied to us when registering.
6 Liability and guarantees
TeleDoc affirms that the doctors who offer advice via the MyTeleDoc app are trained, experienced and licensed doctors in (enter country name). TeleDoc is exclusively liable for and exclusively guarantees its own services and not those of the doctors, particularly as these services are not a subject of the contract between you and TeleDoc. TeleDoc is also neither a representative nor an agent of the doctors whom you contact via the MyTeleDoc app and cannot deliver any legally-binding statements for doctors. With the exception of regular maintenance periods, the TeleDoc app is designed to operate during the opening times shown on the TeleDoc website. The TeleDoc app is provided “as seen” or in its relevant existing form.TeleDoc undertakes to ensure that the systems and programmes that belong to it or over which it has influence are secure in line with the technical state of the art and follow the rules regarding data protection and security. TeleDoc is not liable for defects and disruptions for which it is not responsible and does not guarantee a disruption-free service. TeleDoc is also not liable for force majeure, inappropriate action or any disregard for risk shown by you or third parties and attacks or disruption caused by third parties (viruses, hacker attacks or similar) that occur despite the necessary security precautions. TeleDoc is not liable for the quality of your IT equipment or of the Internet and/or telephone connection that you use. The MyTeleDoc app can be used in the iOS and Android operating systems. We cannot guarantee that the MyTeleDoc app can be used (free from disruption) with older versions of these operating systems. In any event it is your responsibility to ensure the security of the systems, programmes and files that are within your sphere of influence. We cannot guarantee the disruption- and interruption-free use of the MyTeleDoc app and this is not an integral part of this contract. We are not liable for material damage caused by minor negligence, unless this results from a breach of primary contractual responsibilities, or for consequential damage and any other indirect loss or loss of profit caused by minor negligence that you could suffer as a result of such disruption. In addition to this, all liability is excluded for force majeure, material damage caused by minor negligence (unless this results from a breach of primary contractual responsibilities), consequential damage and any other indirect loss or loss of profit caused by minor negligence. We accept unlimited liability for claims under the product liability law. Please ensure that the doctor is able to see all those parts of your patient file that you have given them access to. We are not liable for damage that results from the fact that the doctor has no, or only limited, access to your patient file due to technical disruptions or for other reasons for which we are not responsible.
7 Treatment contract
All doctors who use the MyTeleDoc app for a video consultation with patients are licensed doctors in (enter country name). They use the MyTeleDoc app in their own name and on their own account. By using the MyTeleDoc app functions for contacting a doctor you are concluding a treatment contract with the doctor whom you contact in this way. You understand that the doctor cannot treat you physically but merely advise you by means of video telephony. You understand that not every state of health is suitable for consultation by way of video telephony. In the case of urgent and dangerous symptoms in particular it is important, depending upon the urgency, to immediately contact the paramedical or emergency services. You have the right to demand that the doctor gives you their name. All doctors who you can contact via the MyTeleDoc app are bound to make their name or, where applicable, their surgery information available to you.
8 Length of contractYour subscription contract has a duration of one year from the beginning of our contractual relationship and will automatically be continuously extended for periods of one month, unless you terminate it at least two weeks before it ends. This termination must be either by e-mail to (enter e-mail address) or via registered letter. If the contractual relationship is converted into a continuing obligation as a result of some legal provision or judicature, each party to the contract has the right to terminate it at the end of each month as long as a termination period of one month is observed. TeleDoc retains the right to terminate the contract with you without notice should it have compelling reasons for doing so. In such a case you have no right to make a claim against TeleDoc. TeleDoc can unrestrictedly assign claims against you to third parties and can make use of the services of third parties in fulfilling its contractual obligations.
9 Our contact informationTeleDoc Holding GmbH,
Absberggasse 31/10,
1100 ViennaCompany registration number (FN) 526201 a
E-mail:
info@teledoc-austria.comVAT number: ATU75349437
10 LiabilityYou understand that a video consultation is particularly unsuitable for people who require direct medical monitoring or rapidly applied medical measures. In addition to this, the MyTeleDoc app is not an emergency system. The doctor excludes all liability for force majeure, material damage caused by minor negligence (unless this results from a breach of primary contractual responsibilities) and consequential damage and any other indirect loss or loss of profit caused by minor negligence. Furthermore, the doctor excludes all liability resulting from the fact that they suggested that you contact the paramedical/emergency services or visit a physical medical facility, or from the fact that they refused to advise you, provide you with a sick note, prescribe medication (in particular, medication chosen by you) and/or give you a referral to another doctor or medical facility or instructions. Whether they do this is exclusively down to their medical judgement and in accordance with the legal provisions. The doctor is not liable for the quality of the MyTeleDoc app and, in particular, for the quality of your or their Internet and/or telephone connection or for any mistakes that occur because they have no or only limited access to your patient file and/or cannot advise you due to a technical problem or due to another reason for which the doctor is not responsible.In particular, doctors are neither representatives of nor agents of TeleDoc, but exercise their profession independently and on their own responsibility.
11 Applicable law and place of jurisdiction
TeleDoc is a limited liability company based in (enter location). The law of (enter country name) applies to your contract with TeleDoc. Provided that there are no compelling legal requirements to the contrary, the place of jurisdiction responsible for all disputes about and resulting from the contractual relationship with TeleDoc is the functionally responsible court in (enter location). All doctors who use the MyTeleDoc app for video consultations with patients are licensed doctors in (enter country name). The law of (enter country name) is applicable to your treatment contract with the doctor in question. Provided that there are no compelling legal requirements to the contrary, the place of jurisdiction responsible for all disputes about and resulting from the contractual relationship with the doctor in question is the functionally responsible court in (enter location).
12 Final provisions
These General Terms and Conditions completely govern your contractual relationship with TeleDoc and the doctors. There are no additional or verbal agreements. Any alterations or additions to the General Terms and Conditions between yourselves and TeleDoc must be made in writing. This also applies to any deviation from this requirement for the written form. In this case, e-mails are considered to be the written form. If any individual conditions of these General Terms and Conditions are ruled invalid, the application of the other terms and conditions is unaffected.
Version dated 9.11.2020
