1. Scope
1.1. These General Terms & Conditions (GT&C) apply on the part of the “Hormone Online Clinic” (hereinafter “HOC”) vis-à-vis all users and patients as consumers in relation to the provision of telemedical health services as well as to all users of any other services offered by the HOC (including, without limitation, this Website). A “consumer” is thereby any natural person who concludes or enters into a contractual relationship primarily not in a capacity which can be characterized as serving their business, commercial, corporate or self-employed commercial interests.
1.2. The HOC offers specialized medical consulting services vis-à-vis consumers in cooperation medical doctors and physicians working in an independent contractor capacity and involving the use of various communication media (“telemedical services”). Any use or availing of such tele-medical services is subject to the condition precedent that any exclusive treatment or advice offered or supplied shall be medically justifiable in telemedical and context and that the proper, required standard of medical care will be maintained throughout including, in particular but without limitation, as regards diagnoses, consultation, advice and treatment, and that the respective consumer or patient has been accordingly duly informed regarding the exclusive nature of the treatment or advice offered or supplied by means of communication media.
1.3. Upon accessing this website or making any application or request in relation thereto, the consumer/patient expressly consents that these GT&C of the HOC shall apply exclusively to all matters relating to the parties’ relationship and shall form a material component of any treatment or other contractual relationship between the parties. Any contrary provisions on the part of the consumer or patient shall be expressly excluded and not apply even in instances when persons acting on behalf of the HOC have not expressly rejected them. These GT&C of the HOC shall also continue to apply exclusively when any telemedical services or other services are performed on behalf of the consumer or patient without any express reservation in cases of any known contrary provisions on the part of the consumer or patient or user that may deviate from these GT&C.
1.4. The HOC may amend these GT&C at any time without prior notice including, in particular but without limitation, in consideration of any legal, statutory, jurisprudential or technical development. The current version shall always be the one most recently available at the following Website address: www.hormoneonlineclinic.com. The consumer or patient herewith understands and expressly agrees that the only binding version of these GT&C is the most current version available online at the aforesaid Website and, furthermore, the consumer or patient declares their express informed consent thereto.
2. Contractual Parties and Services
2.1. The consultation agreement shall be concluded directly and exclusively between the HOC and the consumer/patient on the other part. The medical doctor performing the telemedical services shall not be a party to the consultation agreement, whereby any legal and/or, as the case may be, statutory liability of the performing medical doctor vis-à-vis the consumer/patient shall remain thereby unaffected.
2.2. Certain legal and professional conditions and restrictions apply to the provision of digital medical and therapeutic care or the same via the internet. Services offered are therefore restricted to the scope of those currently legally allowed. any particular notification or notices describing relating to services and the performance of services are legally binding.
2.3. Any determination regarding the suitability and eligibility of remote treatment shall in each instance be made by the treating physician. The consumer or patient has no claim, neither express nor implied, to any treatment or service should the treating physician determine such treatment or service is unsuitable.
2.4. It resides within the nature of medical care and individual human differences that no promise of success or specific outcome can be warrantied.
2.4.1. The provider of the aforesaid other services (e.g., this Website, etc.) including in particular of the online services offered at www.hormoneonlineclinic.com is:
Hormone Online Clinic
SpiceConsult, Ltd,
Centris Business Gateway II
Level 3, Suite C, Triq-is-Salib Tal-Imriehel Central Business District,
Birkirkara, CBD 3020 Malta
E-Mail: mail@spiceconsult.com
VAT ID Nr.: MT29328903
2.5. The HOC shall provide for the proper functioning of its services (e.g., website, etc.). The HOC shall undertake the necessary measures to ensure the continuity and quality of its services. The services are provided “as is”; no guaranty, warranty or other promise shall apply to their accessibility, regularity or functionality. The HOC seeks to provide continuous accessibility to its Website services, of course with the exception of cases of force majeure events and subject to any periods of maintenance, potential interruptions, technical or technological danger in relation to any internet network or any harmful or erroneous activity on the part of any third party or, as the case may be, any interruption in relation to any hardware or software owned or licensed by the HOC.
2.6. Private prescriptions made out by the respective treating medical doctor in conjunction with the HOC can upon the express written intent of the consumer/patient be sent via post as printed copies to the private address of the consumer/patient informed to the HOC in writing, whereby in such case any related liability of the HOC as regards correct or timely delivery is fully excluded, with which exclusion of liability the consumer/patient herewith expressly agrees. Alternatively, the
consumer/patient shall receive the option of having any respective prescriptions as set forth above transferred by the HOC to the pharmacy (apothecary) of her choice in secure electronic form, whereby in such case the consumer/patient recognizes that the HOC cannot completely secure the delivery or, as the case may be, secure or timely delivery of the corresponding pharmaceutical products and, therefore, cannot assume any corresponding liability vis-à-vis the consumer/patient,
who herewith recognizes and expressly accepts the foregoing. Any potential substation of any pharmaceutical product or, as the case may be, any component or ingredient of any pharmaceutical product shall occur exclusively via the issuing pharmacy; the HOC is unable to take any influence in this regard and, therefore, any related liability vis-à-vis the consumer/patient is hereby expressly excluded, which exclusion of liability the consumer/patient herewith understands and accepts. During the course of treatment, the treating physician shall inform the consumer/patient concerning this procedure, and the consumer/patient shall at all times retain the right to revoke any arrangements made related to the issuance or delivery of prescriptions. The HOC reserves the right to restrict the issuance of prescriptions to certain geographic areas.
2.7. Any private prescriptions (if any) shall in each case be issued by the treating medical doctor and shall correspond to the principals of the applicable laws European Union.
3. Duties of the Consumer/Patient
3.1. The success of any telemedical treatment or consultation service depends materially on information supplied by the patient. The patient shall therefore provide for diagnostic purposes the most accurate, truthful and complete medical history and information possible. Furthermore, the patient shall of her own accord disclose to the treating physician any and all, from the patient’s perspective, critical, necessary or important information relating to the treatment including without limitation to any prior conditions, such as (without limitation) any allergies or newly emerging conditions.
3.2. Should the consultation agreement be concluded on behalf of a third party (such as, without limitation, in the case of a minor child or person in guardianship), and should such third party avail of such treatment, the same duties and obligations shall apply to such third party vis-à-vis the treating physicians to the full extent that such person has legal capacity to issue consent.
3.3. Prior to conclusion of a consultation agreement involving any third party, the consumer shall duly inform the treating physician in writing that the consultation agreement is being concluded for a third party patient. In such instances, the consumer must prior submit all necessary documentation regarding the age and guardianship status of the third-party patient to the treating physician in order to determine if telemedical treatment can be conducted.
3.4. The Patient agrees only to use the services of the HOC subject to conditions that ensure the proper, uninterrupted, uninhibited use of the services and communication with the treating physician. In particular, but without limitation, the patient shall ensure that any use of any telemedical or other services shall take place in a sufficiently well-lit and quiet place so as to ensure the high quality of the telemedical services.
3.5. The consumer/patient understands and expressly agrees that any use of any further services shall occur exclusively at the consumer’s/patient’s own risk. The consumer/patient thereby expressly recognizes that the speed at which any services are provided does not depend on the HOC but is in each case subject to the attributes and conditions of the electronic and technical specifications of the subject connection type (cable, ADSL, 3G, 4G, 5G, etc.) and one’s own internet access.
4. Costs/Payment
4.1. Costs for the offered telemedical services shall be calculated vis-à-vis the patient based on those terms set forth on www.hormoneonlineclinic.com and are due and payable in advance. The patient declares their express agreement to invoicing by and payment to SpiceConsult, Ltd as described herein.
4.1.2. Any costs for any treatment, consultation or any other services performed on behalf of the patient are strictly private in nature and due and payable directly from the patient. Any full or partial coverage on the part of any insurer or provider under any circumstances is expressly neither guaranteed nor warranted. It is the sole and exclusive duty of the patient to, if so desired, separately to determine any reimbursement possibilities prior to the beginning of the treatment relationship. The HOC does not engage in any settlement with any health insurance provider, regardless of whether private, public or mixed. Should, however, the patient submit an HOC invoice to a health insurance provider, and such invoice not be or only partially be reimbursed, the HOC shall under no circumstances be in any way obligated regarding any such full or partial amount, and any related liability is expressly excluded.
4.1.3. Should the patient desire, the patient may receive an invoice corresponding to the German GOÄ insurance rates for the patient’s respective 50-minute, 30-minute, 20-minute or 10-minute consultations, whereby the consumer/patient recognizes and expressly agrees that these shall exceed the maximum levels set forth in the German GOÄ. The consumer/patient separately and fully agrees to such increased rates prior to conclusion of the consultation agreement and treatment.
4.2. It is possible to cancel an appointment in writing up until 48-hours before the beginning of the appointment and receive reimbursement for the respective payment made. Any such cancellation must be made in writing to the following email-address and received within the aforesaid timeframe: maria@hormoneonlineclinic.com. Should the cancellation be received after expiration of 48-hours prior to the given telemedical appointment no refund is available. In individual cases, or in cases of emergency, the HOC may (in its sole discretion and without any guaranty) offer to credit the amount paid to a later appointment, whereby no related claim of the patient is hereby either created or implied. The patient herewith expressly agrees to the foregoing. 4.2.1 Should the patient decide to pay using one of the payment methods offered by PayPal, payment processing shall occur via the payment services provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). The individual payment and usage terms and conditions of this payment services provider shall then apply, which are available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. Should the patient not dispose over a so-called “PayPal account”, the payment and usage terms and conditions shall apply that are available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Should the
patient choose the option of PayPal direct debit, PayPal shall debit the invoice amount as soon as the patient has submitted a SEPA-direct debit mandate, but not prior to expiration of the prior information period. Should such direct debit not be cashed as a result of false bank information or insufficient funds, or should the patient revoke such debit, the patient shall be solely responsible for any related fees on the part of the subject financial institution to the extent these are attributable (either in whole or in part) to the patient. Should the patient choose the option “PayPal-invoice”, the payment claim shall be assigned to PayPal. Before accepting any such assignment declaration, PayPal shall conduct a credit review using the transferred patient data. PayPal thereby reserves the right to decline payment by invoice such credit review prove negative. Should such payment method be accepted, the invoice amount is due and payable to PayPal within 30 days to the extent that no other payment deadline has been determined. Such debt-discharging payment is only possible via PayPal. PayPal’s general terms and conditions regarding purchase on account are available at: https//www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.3. Other services (e.g., website, etc.) are provided to the user free of charge. Nevertheless, the consumer/patient shall exclusively bear any costs resulting from or relating to any use of any devices or equipment (such as, without limitation, any computers telephones, software, or other electronic communication media), necessary to access or allow for the performance any services or, as the case may be, any costs resulting from the usage thereof (such as, without limitation, any telecommunication or internet usage or supplier fees). It is the sole responsibility of the consumer/patient to be informed regarding any such costs.
4.3.1 In the event of payment via credit card, the individual payment and usage terms and conditions of the respective credit card provider shall apply.
4.4. Payment can be made to the HOC using the following payment methods:
· Certain credit cards
· PayPal
Payment shall occur exclusively through the aforesaid payment methods.
5. Limitation of Liability
5.1. All contractor physicians cooperating with the HOC maintain their own separate medically liability insurance and are directly liable to the respective consumer/patient in relation to any services performed on their behalf separately from the HOC.
5.2. Any potential liability on the part of the HOC in relation to its telemedical services shall in all instances be expressly limited to applicable and compulsory legal and statutory requirements. Under no circumstances shall the HOC or any of the treating physicians be in any way liable for any indirect or extenuated damages including, without limitation, any consequential damages in relation to any tele-medical or other services. Indirect or consequential damages are such damages not resulting directly or exclusively from the non-performance of any service on the part of the HOC. The foregoing limitation of liability shall not apply in cases of duly proven gross negligence or willful misconduct.
5.3. Each patient shall receive detailed information regarding any treatment or recommended pharmaceuticals or other treatment items. Certain side effects or attendant symptoms or potential future effects can never be entirely excluded for all individuals. No liability can be assumed (either express or implied) in relation to any safety or tolerance issue in relation to any pharmaceutical or similar item prepared by or acquired from any external pharmacy or pharmaceutical producer.
5.4. The HOC and, as the case may be, SpiceConsult Ltd. use personal data only for the website www.hormoneonlineclinic.com and for the performance of the services offered therein. No personal data shall be supplied to any third party without express consent, and any collection, usage or further transfer of such personal data shall be subject to the laws and regulations regarding personal data of the legal system applicable to these GT&C.
5.5. Expressly excepted from the foregoing is the transfer of any personal data to any third parties for purposes of contractual data processing to fulfill any agreed services or to meet legal or regulatory requirements or in cases of medical emergencies as determined in each case by the treating physician, and whereby the patient hereby declares their express consent to each of the foregoing.
5.6. Patients shall only transfer their own personal data or that of their minor children to the HOC or to the website www.hormoneonlineclinic.com, and we neither request, nor shall we collect nor use, any third-party data without any corresponding valid and binding legal basis.
5.7. The Website www.hormoneonlineclinic.com protects your data from unauthorized third-party access, whereby in the case of unencrypted or unsecured data transfer (e.g., via email or app) there is a risk of unauthorized access or use. No liability is assumed in such regard.
5.8. To the extent that the HOC employs so-called “cookies“ these shall not collect personalized data. No liability is assumed for the effects of any third-party cookies already existing on your device. Furthermore, neither the HOC nor SpiceConsult Ltd. assume any liability in regard to any links to any third party or as regards the content or functionality of their websites or online presence.
5.9. The website www.hormoneonlineclinic.com uses the services of external provider VCITA, Inc., (“VCita”) to help support the booking, payment and other systems in relation to the website. In such case, the information gained using VCita regarding your usage of this website could be transferred to and stored in a server in the United States. By using this website, the Consumer expressly consents to such usage and storage of data as well as consents to the Terms of Service and General Terms and Conditions of VCita Inc., which are available at the website address https://www.vcita.com/legal.
5.10. The website www.hormoneonlineclinic.com may use Google Analytics, a web-analysis service provided by Google Inc., to allow for better analysis of the website. In such case, the information gained using Google Analytics regarding your usage of this website would be transferred to and stored in a server of Google Inc. Google only uses such information to analyze website usage in the form of anonymized evaluations and graphic representations regarding the number of visits per user, etc. The HOC shall use such data exclusively for purposes of market research and, in particular, for optimizing the structure and content of its website according to demand. More information regarding the technologies employed by Google is available at www.google.com/analytics.
6. Termination of Treatment
6.1 Should during the course of treatment the treating physician come to the conclusion that the standard of specialized medical care can no longer be maintained, she shall terminate the treatment. In cases of emergency, the treating physician reserves the right to contact emergency services.
6.2 Additionally, the treating physician shall terminate treatment when:
• she has reached the limits of her personal, staff or therapeutic capacity or
• when the goals of the therapeutic or treatment measures – including without limitation the patient’s healing or rehabilitation – can no longer be achieved. Furthermore, the treating physician will terminate tele-medical treatment if
• the digital transfer of information is no longer state of the art, or
• the quality of digital transfer is insufficient, or
• the patient is incapable of meeting or maintaining the requirements of telemedical services.
6.3. Should the patient revoke her consent to telemedical treatment or otherwise indicate that she no longer wishes to receive telemedical services (for example by ceasing communication), the tele-medical relationship shall terminate with immediate effect for the future.
6.4. The HOC reserves the right to limit or terminate access for any reason provided, however, that it shall have prior supplies corresponding written notice. Furthermore, the HOC reserves the right to at any time immediately suspend or revoke access for any reason without prior notice given prior notice and good cause. After any termination, the consumer/patient shall remain bound by all relevant portions of these GT&C.
7. Termination of Consultation Agreement
7.1 The consultation agreement regarding telemedical services shall terminate by way of performance of contract, or by transfer to a different medical services provider, or as set forth in Section 6, above.
7.2 The patient may as set forth herein terminate the consultation agreement at any time.
8. Right of Revocation
Patients are entitled to revoke their acceptance of the services of the HOC as set forth according to applicable legal, statutory and regulatory provisions. Further details regarding such right of revocation are set forth in the following: Revocation Notice: You may revoke your consultation agreement within 14 days in written form (e.g., per letter, fax or email) without stating cause. The time period for the revocation deadline begins with the date of the conclusion of the consultation agreement. Written revocation should be directed to maria@hormoneonlineclinic.com
9. Applicable Law & Jurisdiction
For any dispute arising related to the HOC or, as the case may be, any of the herein described services or these GT&C the laws, courts and place of venue of the jurisdiction where Spice Consult, Ltd. is incorporated and maintains its legal seat shall apply and prevail exclusively to the full exclusion of any other determination resulting from any conflicts-of-laws provisions of any jurisdiction or otherwise, including without limitation any alternative dispute resolution mechanism, such as arbitration.
10. Other
Should any provision of these GT&C be or become either partially or fully invalid or unenforceable, should invalidity or unenforceability shall have no effect on any other provision of these GT&C or on these GT&C in their entirety, and such provision shall be deemed severed. The same shall apply accordingly to any legal gaps or lacunae. These GT&C may be published in various languages, whereby in case of any doubt or deviation the English-language version of these GT&C shall control exclusively.
