General Conditions of Use

Platform Usage Agreement

As of: February 20, 2024
MedicusUnion GmbH
Address: Bruno-Marek-Allee, 20/50
1020 Vienna, Austria
Email: info@medicusunion.at
Phone: +43 1 99 78 071
“hereinafter referred to as the 'Intermediary'”

1. Scope of Application

The Intermediary manages a platform that allows Users to connect with doctors licensed in Germany, Austria, India, the United Arab Emirates, and Israel, where users can receive medical services via telemedicine.

Business relations between the Intermediary and the User are governed exclusively by these terms and conditions in their version effective at the time of the User’s registration on the platform. The User declares that they are at least 18 years old at the time of registration on the platform.

2. Scope of Provided Services

2.1 The Intermediary does not provide any medical services and is not a medical service provider but merely provides the platform that performs the following tasks. The treatment contract is concluded exclusively between the user and the relevant doctor.

2.2 The Intermediary provides telemedicine services for a fee on its platform. For this purpose, it connects with doctors registered on its platform, forwards telemedicine service requests to the treating doctors, and acts as a payment/collection agency.

The Intermediary also supports the technical implementation of the telemedicine service for the user and takes on the following tasks:

·             Technical support for the medical history form to accurately describe the user's medical issue;

·             Ensuring the secure management of examination results, images, etc., in the digital medical record, and transferring data necessary for communication with the doctor;

·             Providing an online booking system that allows scheduling video calls with doctors;

·             Software for conducting video calls with the doctor via the platform;

·             Technically providing the medical report for download in the user’s account when the corresponding service is booked.

2.3 Telemedicine is only suitable for certain clinical conditions. Please note that the platform is not intended for emergency medical care (heart attack, stroke, etc.), which requires immediate medical attention. The doctor approached determines whether medical help can be provided within the scope of telemedicine. Medical care will only be provided if, in the opinion of the treating doctor and based on medical science, physical contact between the doctor and the user is not required.

2.4 The selection of doctors for offering services on the platform is carried out by the Intermediary. The main requirement is that the doctor must be registered with the medical
associations in Austria, Germany, India, the United Arab Emirates, and Israel, have successfully completed the appropriate residency program and/or obtained the “Ius Practicandi” for independent professional practice (general practitioner). The consulting doctors are also required to conclude a professional liability insurance contract.

2.5 In addition to intermediary services, the Intermediary also offers translation services on its platform to facilitate communication with the treating doctor. These translation services are subject to separate terms and conditions, which can be reviewed here.

3. Registration and Conclusion of the Contract

3.1 To use the platform, a user account must be registered. Registration is free of charge. However, if a treatment contract is concluded between the user and a doctor registered on the platform, the user must pay a commission (see prices and payment terms in section 5 below). Each user can register on the platform only once.

3.2 Registration requires the user’s email address, which is also considered the username, and a chosen password. The user is required to protect their access data from unauthorized access by third parties and immediately inform the Intermediary if they become aware of or suspect any unauthorized use. The user is prohibited from allowing or permitting third parties to use their account. The booking process and communications are carried out by email and via automated order processing. The user agrees to provide truthful information and keep it up to date, and must
ensure that the email address they provide for order fulfillment is correct so that emails sent by the Intermediary can be received. In particular, when using SPAM filters, the user must ensure
that all emails sent by the Intermediary or the doctor can be delivered.

3.3 If medical consultation or treatment is required for a minor or someone represented by an adult, they can only be obtained via the account of the legal representative. In such cases, the user has the opportunity to notify this fact via a comment in the free text field displayed during the booking process and provide appropriate authorization to represent the person.

3.4 After entering their data and clicking the “Register” button, the user submits a binding offer to the Intermediary for the conclusion of the mediation contract. Before completing the registration, the user can change and review their data at any time. However, registration can only be completed if the user accepts the terms of the contract by clicking the " Accept the
Platform Usage Contract" button, thus including them in their registration application. The Intermediary confirms the receipt of the offer to the user by sending an automatically generated email to the specified address (“Registration Confirmation”). This email indicates the registration application, and the user can print it using the “Print” function. This email does not constitute acceptance of the offer. The Intermediary can accept the user’s offer within three working days by sending the user an order confirmation by email that the registration has been completed. The receipt of the order confirmation by the user is decisive in this regard. This email contains the contract text (consisting of the registration application, Platform Usage Contract, and the order receipt confirmation) sent to the user on a secure medium. The contract text is stored in compliance with data protection requirements. The user also receives access data (login, password) for using the platform. The user can retrieve, save, and print the contract text in their user account.

3.5 The contract is concluded in German or English.

3.6 If registration is not possible, the Intermediary will also notify the user within three days. In this case, no contract will be concluded.

3.7 The user account created based on the provided data allows communication with the doctors listed on the platform, and, if necessary, with the help of a translator.

3.8 Right of Cancellation 

When entering into a contract for the provision of services, consumers have a legal right to cancel, as outlined below in accordance with the legal model. 

Explanation of the right of cancellation

Right of Cancellation
You have the right to cancel this contract within fourteen days without providing any reason.
The cancellation period is fourteen days from the day the contract takes effect.

To exercise your right to cancel the contract, you must notify us (MedicusUnion GmbH, at Bruno-Marek-Allee, 20/50, 1020 Vienna, Austria, email: info@medicusunion.at, phone: +43 199 78 071) of your decision to cancel the contract by means of a clear statement (e.g., a letter sent by mail or email). You may use the attached cancellation form, but it is not mandatory.

To comply with the cancellation deadline, it is sufficient that you send the notice of cancellation before the cancellation period expires.

Consequences of Cancellation

If you cancel this contract, we will refund all payments received from you, including the cost of delivery (except for additional costs incurred as a result of your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay, and in any case not later than 14 days from the day we receive your notification of cancellation of this contract. For such reimbursement, we will use the same payment method you used for the initial transaction unless otherwise agreed with you; in no case will you be charged any fees for such reimbursement.

If you have requested the start of the provision of services during the cancellation period, you must pay us the appropriate amount, corresponding to the proportion of services already provided at the moment you notify us of your cancellation, compared to the total volume of services provided for in the contract. 

A sample cancellation form in which you inform us about your exercise of the right to terminate this contract, (If you want to cancel the contract, fill out this form and send it back.)
— To MedicusUnion GmbH

At Bruno-Marek-Allee, 20/50, 1020 Vienna, Austria, email: info@medicusunion.at:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
goods (*)/provision of the following service (*)

- Ordered (*)/received (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for notification on paper)
- Date
(*) Strike through the unnecessary part

4. Use of the Platform; Conclusion of Treatment Contract

4.1 After registration (section 3 above), the user can avail of medical services from doctors registered on the platform and conclude a medical service contract with them using the platform.

4.2 The treatment contract with the treating doctor is concluded in the following steps:
a) the user can first make a preliminary selection of doctors based on various criteria, then view the profiles of the selected doctors and finally choose a doctor;
b) then the user can then choose a tariff plan;
c) in the next step, the user can select the date and duration of the treatment;
d) the user can upload documents and describe their health issues;
e) before completing the booking, the user can choose whether to also order a translator for the treatment period;
f) in the final step, the user can again review and modify the booked services and confirm the appointment. Additionally, during the booking process, the user can switch between the individual stages of the booking process and thus cancel individual steps or change entries.

Important notes:

- The user agrees to provide truthful information;
- Medical documents uploaded by the user must belong to them;
- Translation is not part of the medical service contract and must be ordered separately.

4.3 By clicking the “Book with Payment Obligation” button, the user submits a legally binding offer concerning the services in the cart after completing the electronic booking process.

After receiving the booking, the user receives an automatic confirmation of the booking (bookings), in which the booking is again stated and can be printed using the “Print” function. Such confirmation does not constitute acceptance of the offer. The user’s offer may be accepted within three working days by the selected doctor and, in the case of an additional booking, the intermediary for translation services, after the user receives an order confirmation by email from us – on behalf of the doctor and, if necessary, also the translation service – with the receipt of the order confirmation by the user being decisive. In this email, the contract text (consisting of the treatment contract and order confirmation) is sent to the user on a reliable medium. The contract text is stored in compliance with data protection regulations. The user can retrieve, save, and print the contract text in their user account. The period for accepting the offer starts the day after the user sends the offer and ends on the third working day after the offer is sent. If the offer is not accepted within this period, it is considered a rejection of the offer, and the user will no longer be bound by their offer. The user will be informed by email if the treatment contract is not concluded.

4.4 After acceptance, a treatment contract is concluded between the user and the doctor. However, if during the telemedicine treatment, the chosen doctor determines that telemedicine is not suitable in this specific case for medical reasons, the treatment may be canceled.

5. Prices and Payment Terms

5.1 If the tariff selected by the user includes the preparation of a medical report as a service, the medical report will be available for download in the user's personal account along with the invoices for medical services, if they were booked and used, as well as invoices for translation and intermediary services, if applicable. A notification about the deposit will be sent by email.

5.2 Prices depend on the tariff selected by the user, which can be viewed in the doctor's profile. The exact prices and included services can be seen when selecting individual tariffs. Prices
include VAT.

5.3 The prices are composed of payments for intermediary services in the form of a platform usage fee and payments for medical services, as well as payments for translation services if these services were ordered. All payments for services are calculated exclusively by the intermediary, with regard to medical services as an authorized representative for payment collection.

5.4 If the user fails to attend the scheduled appointment, the agreed payment must still be made by the user. The intermediary will transfer to the user any reimbursements for saved costs or other uses of the reserved treatment slot. In the case of an alternative use of the reserved treatment slot and reimbursement provided by the intermediary, the user must pay a commission (compensation for booking services and expenses) of 15% of the total cost. The user has the right to prove that no damage was caused or that it was less severe. The intermediary reserves the right to prove greater damage.

If the doctor is unable to conduct treatment on the scheduled date, the user will be immediately informed. Any paid amount will be refunded.

5.5 Accepted payment methods are listed on the “Payment Methods” subpage. There, the user will find all the details about the corresponding payment conditions and any commissions.

6. Responsibility

6.1 Medical consultations and treatment through telemedicine are provided solely by the selected doctor. Registered doctors on the platform act at their own expense and in their own name. The intermediary only provides the telemedicine connection platform (www.medicusunion.com) for contact with the doctor and technical possibilities. The intermediary is not a party to the treatment contract and therefore is not responsible for treatment errors. As such, the intermediary is not responsible for the content or accuracy of medical consultations or treatments, nor for any pain or harm arising from them. All claims arising from the consultation or treatment contract, such as claims related to improper/poor performance, non-performance, oversight, delay, error, etc., as well as claims for compensation for damage arising from this contract, should be made to the doctor.

6.2 In other cases, the following applies:

(1) The intermediary is fully liable:

a) in the case of intentional acts, fraud, or criminal negligence;
b) for damage caused to life, body, or health;
c) for the breach of a significant contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which the user regularly relies and can rely (so- called “Essential Obligation”), but limited to compensation for foreseeable and typical damage.
(2) In all other cases, the intermediary's liability is excluded.
(3) The above rules of liability also apply to the conduct and claims against employees, legal representatives, and agents of the intermediary.

6.3 The information about diseases provided on the platform is given to the best of our knowledge and belief and is for informational purposes only.

6.4 The intermediary aims to ensure constant availability of the platform. Certain downtimes are unavoidable for technical reasons, such as maintenance and updates. However, maintenance and updates will not occur during remote treatment, except in cases where maintenance cannot be postponed due to unforeseen failures.

7. Start and Duration of Contractual Relations

7.1 The platform contract is concluded for an indefinite period from the moment we accept the registration.

7.2 It can be terminated by either party by providing notice one month before the end of the month. Cancellation is possible in the “My Account” section or by email. The user account may be immediately deleted.

7.3 Either party may terminate the contractual relationship at any time for a good cause. Such a good cause is considered to exist, in particular, if the user seriously breaches obligations arising from this agreement and does not remedy the contract breach even after receiving a corresponding request within a reasonable period of time, not less than 14 days.

8. Other Provisions

8.1 There is no “rating” or relative highlighting of doctors. Doctors are listed in arbitrary order by specialty and alphabetically.

8.2 Doctors offering their services on the platform are entrepreneurs.

8.3 Users have the opportunity to leave feedback or comments (shortened as “reviews”) about doctors and services. However, these reviews are only visible to the intermediary and are not published. Any improper use or manipulation of the rating system is prohibited.

9. Changes to General Terms of the Contract

We reserve the right to make changes to these terms at any time. We will inform the user of such changes by sending the modified terms and conditions to the last email address provided by the user. The change in terms gives the user the right to terminate the contractual relationship within six weeks from the moment of notification. If the user does not terminate the contract within this period, the modified terms will be considered accepted. We will specifically draw the user's attention to the importance of their behavior at the beginning of the specified period.

10. Final Provisions

10.1 The place of performance is the legal address of our company.

10.2 Austrian law applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with a permanent residence or habitual residence in the EU, this choice of law applies only to the extent that the protection provided is not overridden by mandatory provisions of the legislation of the country in which the consumer permanently resides. For consumers with a permanent residence or habitual residence outside the EU, this choice of law applies only if consumers are not granted the right to cancel and only if this choice of law does not contradict mandatory national provisions of the legislation of the consumer's place of residence or usual place of abode.

10.3 The language of the contract is German.

11. Alternative Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a coordination point for extrajudicial resolution of disputes arising fromonline purchase or service contracts involving consumers.