| |
1. Validity And Updating Of The GBC
a) DiabLink Medical Services GmbH & Co. KG provide services to physicians and patients (in the following: "customer") with reference to the online diabetes diary exclusively on the basis of these General Business Conditions (GBC). Other conditions will be applicable only if separately agreed with DiabLink Medical Services GmbH & Co..
b) DiabLink Medical Services GmbH & Co. KG are entitled to change or update these GBC subject to prior notice at an appropriate term. Notice is given by e-mail with a hint to the possibility to view the GBC in the internet on the pages of DiabLink Medical Services GmbH & Co. KG under [URL der AGB]. If the customer does not contradict the changed or updated conditions within six weeks after their publication in the internet, the changed and updated conditions will become valid. If the customer, however, contradicts them within due time, both partners will be entitled to terminate the contract by the date the changed and updated conditions would become valid.
2. Kind And Execution Of The Services Provided by DiabLink Medical Services GmbH & Co. KG
a) The services provided by DiabLink Medical Services GmbH & Co. KG consist of the provision of the customer with the online diary enabling him to have his/her blood glucose values entered and processed at any whereabouts and make them available to his/her physician for inspection.
b) By allocating the online diary to the customer, DiabLink Medical Services GmbH & Co. KG assume no medical activity, give no therapeutical advice and provide no service that replace medical attendance.
c) Access to the online diary shall be released upon conclusion of the contract with the customer and receipt of the confirmation from the customer's physician.
d) If DiabLink Medical Services GmbH & Co. KG provide unsolicited ex gratia services beyond the range of the contract, they can stop doing this at any time and without giving prior notice. This will not result in an entitlement for the customer to lay a claim for abatement, refund or compensation.
3. Reachability Of The Server, Safety
a) DiabLink Medical Services GmbH & Co. KG guarantee an average annual reachability of the server of 98%. Except from this guaranty are times of non-reachability of the server due to technical or other problems DiabLink Medical Services GmbH & Co. KG cannot exercise any influence on, such as Force Majeure, faults of third parties, trouble caused by the provider of the customer, etc..
b) Data registered in the online diary can be read out only by using the identifier and the password. The customer commits himself to keep them strictly secret and to inform DiabLink Medical Services GmbH & Co. KG without delay, if he comes to know that the password has been revealed to an unauthorized third party. If due to the customer's carelessness a third party misuses the password and influences the data recorded, DiabLink Medical Services GmbH & Co. KG will not accept any liability.
c) DiabLink Medical Services GmbH & Co. KG point explicitly to the fact that according to the state of the art it is being impossible to guarantee safe data transmission in open networks, such as the internet. From the technical point of view, information recorded on the servers of DiabLink Medical Services GmbH & Co. KG might possibly be tampered by other participants in the internet. DiabLink Medical Services GmbH & Co. KG have protected their servers against unauthorized access by well proven and well known safeguarding systems. No liability can be accepted by DiabLink Medical Services GmbH & Co. KG for infringements of the data recorded that are effected in spite of the functioning safeguarding provided by DiabLink Medical Services GmbH & Co. KG.
d) It is the customer's own duty to do a backup into his own storage media (harddisk, diskette, or similar) after having entered or changed data. Customers are liable to test and check every software with regard to faultlessness and utilization in the respective situation before using it de facto. This refers to programs received from DiabLink Medical Services GmbH & Co. KG as well. The customer is explicitly informed that even slight modifications of the software might possibly influence the operability of the whole system.
4. Conclusion And Termination Of The Contract
a) The contract between DiabLink Medical Services GmbH & Co. KG and the customer shall be regarded at as to be concluded as soon as DiabLink Medical Services GmbH & Co. KG will have received the contract and the confirmation by the customer's physician.
b) The contract is concluded sine die. The contractual relationship can be terminated by either party without having to state any reason at 30 days notice to the end of month.
c) The right of terminating the contract for any serious reason remains unaffected.
d) Each termination of a contract is to be done in writing to become effective. This will be regarded to be safeguarded as well, if it is done by telefax.
5. Liability
Provided that these GBC do not state other terms, the liability of DiabLink Medical Services GmbH & Co. KG is determined as follows:
a) DiabLink Medical Services GmbH & Co. KG are liable for damages only in cases, where DiabLink Medical Services GmbH & Co. KG or one of their vicarious agents have breached essential contractual duties in a way that jeopardizes the intention of the contract, or if the damage has been caused by DiabLink Medical Services GmbH & Co. KG or one of their vicarious agents in a grossly negligent way or deliberately. The liability of DiabLink Medical Services GmbH & Co. KG for damages to life, body or health or for guarantee remains unaffected.
b) Should the liable breach of an essential contractual duty not be grossly negligent nor deliberate, the liability of DiabLink Medical Services GmbH & Co. KG shall remain restricted to the damage that was reasonably foreseeable for it at conclusion of the contract.
c) DiabLink Medical Services are not liable for disorders of the transmission network of Deutsche Telekom AG or other telecommunications operators nor for failures of other communications networks not operated by DiabLink Medical Services GmbH & Co. KG themselves. Delays in rendering services due to such disorders or failures of communications networks shall not be accused to DiabLink Medical Services GmbH & Co. KG. This refers to obligatorily agreed time limits as well.
6. Remuneration
The remuneration agreed is due for payment within 2 weeks upon the date of invoice. In case of default or respite of payment, the statutory default interest shall be charged that will have amounted up to the settlement date. A default of payment shall entitle DiabLink Medical Services GmbH & Co. KG to either suspend execution of the order underway up to receipt of the payment or demand prepayment.
7. Right To Abrogation
You can abrogate this subscription, in compliance with the legal regulations for distance selling, without having to state any reason within 14 days upon the validity date of the subscription. It is sufficient to send off the abrogation in writing (e.g. letter, fax, email) in due time. The abrogation is to be sent to:
DiabLink Medical Service GmbH & Co. KG
Hauptstr. 104
D-69242 Mühlhausen
Telephone: +49 6222 307853, Fax: +49 6222 64783
email: info@diablink.net
8. Consequences Of Abrogation
Provided that your abrogation comes into effect, your access to the diabetes diary will be disabled. The subscription fee already settled by you will be reimbursed.
9. Final Provisions
a) Revisions, supplements as well as the annulment of the contract in part or in whole shall be agreed in writing. This includes the revision or the annulment of the requirement that revisions of the contract be in writing.
b) Place of performance and jurisdiction is Heidelberg. Provided that titles of DiabLink Medical Services GmbH & Co. KG are not pleaded by default action, the place of jurisdiction for non-businessmen shall be their domicile. If the domicile or customary whereabouts of the customer is unknown at the date of bringing the action or if the customer has moved his domicile or normal whereabouts out of the area of jurisdiction, it shall be regarded as agreed that Heidelberg be the place of jurisdiction.
Edition: June 2005
|
