General Terms and Conditions
General Terms and Conditions for using the services of TelDolMed GmbH
Effective Date: August 1, 2021
This Agreement ("Agreement") contain the terms and conditions that apply to your use of the Internet Web Site and services located at http://www.medconsonline.com, owned and operated by TelDolMed GmbH.
Please read these GTC carefully. The GTC govern your use of services provided through this web site. If you disagree with these Terms, please stop using this web site.
I. Subject matter and scope of application
- TelDolMed GmbH (hereinafter referred to as ‘TelDolMed’) operates the online platform www.medconsonline.com which enables private individuals (hereinafter referred to as “User” or “Users”) to request second medical opinions and assign medical professionals in Medconsonline’s portfolio (hereinafter referred to as ‘Specialists’) to provide second medical opinions.
- The following General Terms and Conditions (hereinafter referred to as ‘GTCs’) apply to the services of TelDolMed which consist in facilitating the Second Opinion Service provided by Specialists to Users under separate second opinion contracts.
- A second medical opinion is an independent professional review and assessment of medical records with the purpose to confirm, add to, or revise the diagnoses and proposed treatments of another medical professional (the primary doctor). It is based upon the information submitted by the patient and can only be regarded as an opinion on the medical situation. It cannot replace an in-person consultation aided by physical examination and observance of the patient’s physical condition, and is not intended to address emergency medical conditions.
- The core of the service rendered by TelDolMed is enabling the Users to take advantage of its quality management system. The system consists in a careful selection of Specialists for TelDolMed’s portfolio on the basis of their medical expertise and a careful collection of comprehensive medical data comprising detailed questionnaires, medical records and imaging. The medical data is conveniently and safely uploaded for the Specialits’s review, making a reliable basis for a trustworthy second medical opinion.
- TelDolMed does not offer its own second opinion services but merely receives second opinion requests as the authorized receiving agent of the Specialist involved. TelDolMed itself does not become a party to second opinion contracts which are concluded directly and strictly between Users and Specialists.
- The feasibility of second opinion orders made on www.medconsonline.com is to be confirmed by the Specialist of the User’s choice. Until such confirmation is provided, TelDolMed’s contractual obligations shall be limited solely to communicating the order request and the Specialist’s reply to it. Thus, upon receiving the pre-payment, TelDolMed shall submit the respective second opinion request for the Specialist’s approval and inform the User of the Specialist’s reply. A confirmation notice sent to the User by email shall bring into effect the Second Opinion Contract between the Specialist and the User (see Annex 2), as well as TelDolMed’s commitment to take all necessary actions to facilitate the delivery of the second opinion on terms specified during the ordering process. If the order is declined by the Specialist, the pre-payment for the second opinion service is reimbursed to the User in full amount.
- The second opinion service is provided by the Specialist under the effective Second Opinion Contract. As the authorized declaring and receiving agent, TelDolMed transmits the Second Opinion Service Contract to Users through www.medconsonline.com and by email.
II. Contact Information
- TelDolMed GmbH
Telephone: +49 2161 2946101
Fax: +49 2161 2946102
III. TelDolMed Service Operating Procedure
TelDolMed operates the Internet platform www.medconsonline.com where interested persons can register as Users. Upon registration the User is provided with a personal account under which the second medical opinion service can be ordered from the Specialist of choice. The service can be provided only to registered Users. Registration on the www.medconsonline.com online platform creates a binding and enforceable legal agreement between the User and TelDolMed and signifies the User’s acceptance and consent to be bound by the terms and conditions contained in these GTCs.
If the requested second opinion relates to the health condition of a person different from the User, the latter should have a healthcare proxy or another legal document confirming the User’s authority to act on behalf of this person on healthcare issues.
Persons under 18 cannot register as Users.
The Specialists’ profiles are available on www.medconsonline.com . They include a summary of academic background, qualification, degrees, certificates, awards and other achievements, as well as a list of diseases/conditions on which second medical opinions can be provided by from each particular Specialist.
As part of ordering process the User fills in a comprehensive questionnaire related to the particular disease/condition and uploads relevant medical reports and imaging. TelDolMed undertakes the secure transmission of all data to the Specialist through its internet platform www.medconsolnine.com . The Specialist involved generates the second opinion solely on the basis of information submitted by the User.
During the ordering process the User can make sure if the provided medical information is sufficient for the issue in question. By submitting the request the User guarantees that the medical records and imaging provided are genuine and true.
IV. Legal arrangements between the User and the Specialist concerning the Second Opinion Service
The scope of services provided by TelDolMed via www.medconsonline.com is limited exclusively to those specified in Items III.1 and III.3. In particular, it therefore does not include the generation of second opinions. The agreement on generating a second medical opinion is entered into exclusively between the User and the Specialist.
By sending the questionnaire and related medical records to TelDolMed through www.medconsonline.com the User requests the Specialist to provide a second opinion. With respect to the questionnaire and records TelDolMed acts solely as the Specialists’s authorized receiving agent. The questionnaires and associated records are therefore considered to be received by the Specialist as soon as they are provided to TelDolMed or uploaded on www.medcomsonline.com website.
All medical data submitted by the User is checked by an appropriately trained staff of TelDolMed for adequacy before the order is completed. In this respect the TelDolMed acts as the Specialist’s vicarious agent.
Legal arrangements between the User and TelDolMed as well as the Second Opinion contract between the User and the Specialist do not enter into force until TelDolMed confirms the adequacy of the medical data provided by the User. Furthermore, the User shall confirm his/her awareness that the assigned Specialist strongly encourages the User to discuss the obtained second opinion report and possible treatment options with a personal physician or another local physician during an in-patient visit (see §4 of the attached Second Opinion Contract). Only then can a binding request be made to the Specialist. The Specialist accepts the request without making a separate declaration to the User. In this connection the Specialist involved uses TelDolMed as his vicarious agent.
The texts of the Second Opinion Contract and the GTCs valid at the time when the contract enters into force, is sent to the User by TelDolMed, or the User can download them as text files while concluding the contract on www.medconsonline.com/secondopinioncontract. With regard to the Second Opinion Contract TelDolMed acts as the Specialist’s vicarious agent.
V. Prices and terms of payment
- The second opinion rendered by the Specialist is a private medical service. The remuneration for this service is governed by the legislation of the Specialist’s country of professional engagement. In this regards the Specialist enters into a separate Second Opinion Contract with the User.
- TelDolMed charges the User a separate fee for engaging its services. This fee is comprised of a base fee for basic support services and the use of the system and the cost of the supplementary services of TelDolMed, which each User can add to the order in course of booking. The basic fee is included in the second opinion prices published on www.medconsonline.com , the fees for supplementary services are stated to the registered User during the ordering process.
- The fees under Items 1 and 2 are due as an advance payment upon the completion of the online order. The payment can be made online on www.medconsonline.com or by bank transfer.
- A payment is considered to be made only when TelDolMed has the total amount at its free and unconditional disposal.
- The User can offset TelDolMed’s claims only if the User’s counterclaim is undisputed or if there is a legally enforceable order.
VI. Statement of cancellation rights: Agreement between the User and TelDolMed
With respect to the request for a second opinion facilitated by TelDolMed, the quality management processes associated with it, as well as other administrative procedures and orders associated with them, the User as a consumer has a cancellation right in accordance with the Statement of Rights in Annex 1.
Vll. Statement of cancellation rights: Contract between the User and the Specialist
The Specialist offering a second opinion service is obliged to provide the User with the consumer protection information required by the law of the Specialist’s country of professional employment and to inform the User about the legal right of cancellation or return provided such right exists.
The Specialist involved implements his/her statement of cancellation rights within the Second Opinion Contract (attached, or see Annex 2.)
The cancellation is to be addressed to the authorized receiving agent:
- TelDolMed GmbH
Telephone: +49 2161 2946101
Fax: +49 2161 2946102
VIII. Liability of TelDolMed
Any damage arising in connection with the second opinion provided by the Specialist is excluded from TelDolMed’s liability, since TelDolMed is not a party to the respective contract. In this connection the User shall refer to the Specialist engaged in generating the Second Opinion. The applicable liability provisions can be found in the Second Opinion Contract (attached).
As regards TelDolMed’s liability resulting from the breach of its duties within the user agreement, it is limited, irrespective of the legal ground, to the extent of the contract-typical damage foreseeable at the time of its conclusion. This does not apply to the breach of the essential contractual obligations, that is, obligations which enable the proper execution of the contract, and the fulfillment of which the User regularly confines in and should confine in, to damage to body, life and health, to deliberate or grossly negligent breaches of duty by TelDolMed, its legal representatives or its vicarious agents, to liability under the Produkthaftungsgesetz (the German Product Liability Act), and to claims arising from guaranties (§443 of the German Civil Code).
TelDolMed cannot be made liable either for false data in the medical records submitted by the User, or for technical delays or failures in data transmission, unless TelDolMed causes such transmission delays deliberately or by gross negligence.
TelDolMed accepts no liability for the uninterrupted availability of the system and for system-related failures, interruptions and/or malfunctions of the technical equipment and the platform services, in so far as these occurrences are beyond TelDolMed’s control. In particular, TelDolMed is not liable for impaired accessibility to its services due to force majeure or events for which TelDolMed is not responsible, particularly for the failure of communication networks and gateways. TelDolMed categorically excludes its liability for insignificant interruptions of its services.
Furthermore, TelDolMed is not liable for the unauthorized acquisition of Users’ personal data (e.g. due to unauthorized access by ‘hackers’ to the databank), unless TelDolMed and/or its vicarious agents made such unauthorized acquisition of personal data possible deliberately or by gross negligence.
IX. Data protection
Disclosure of data needs trust. Every participant in legal relationship is keenly interested to be able to determine whether and how their data is processed. Protecting personal data is therefore a matter of major concern and great importance for TelDolMed. So that you can feel secure when using our services, TelDolMed collects, processes (particularly stores) and uses personal information in strict compliance with the relevant provisions of the BDSG, (the German Federal Data Protection Act), the Telemediengesetz (TMG, the German Telemedia Act) and European data protection provisions.
TelDolMed collects, processes (particularly stores) and uses the User’s personal data exclusively for the purpose of inquiring the Specialist about the feasibility of the second opinion ordered by the User and making it possible for the Specialist to provide the second opinion, as well as for delivery and ongoing development of the second opinion service itself. The data necessary for a general evaluation by the Specialist and for the preparation of the second medical opinion are forwarded to one or more Specialists listed on the Internet platform www.medconsonline.com . The personal data submitted to TelDolMed includes in particular details about the User’s health, and therefore constitutes particularly sensitive data in need of special protection, which falls within the category of ‘special types of personal data’ under section 3 par. 9 of the BDSG. The User’s consent to the collection, processing (in particular storing and transmission of the data to the Specialists profiled on the www.medconsonline.com internet platform) and its use is stated in a separate declaration of consent, which is attached to this document.
TelDolMed shall not pass on the User’s personal data to third parties or provide them with knowledge of it without authorization.
The User is entitled to information on, correction, blocking and deletion of the data stored at any time free of charge.
Particulars relating to the User’s personal data processing are described and laid down in detail in TelDolMed’s privacy statement, which is attached to this document and accessible on the www.medconsonline.com internet platform.
X. Declaration of waiver of doctor’s duty of confidentiality
Waiver of the doctor’s duty of confidentiality is the subject of a separate declaration under ‘Information and consent to the collection and use of personal data’ (Annex 4).
XI. Governing Law, Place of Jurisdiction, Obligatory Written form
These GTCs are governed by the substantive law of the Federal Republic of Germany, excluding CISG (The UN Convention on Contracts for the International Sale of Goods). The Second Opinion Contract is governed by the legislation of the Specialist’s country of professional engagement.
The language of the agreement is English.
The place of jurisdiction in regard to these GTCs, to the extent permissible by law, is Mönchengladbach, Germany. The place of jurisdiction in regard to the Second Opinion Contract, to the extent permissible by law, is the Specialist’s city of employment.
All declarations which are transmitted through TelDolMed as an authorized declaring and receiving agent under these GTCs and the Second opinion contract between the User and the Specialist must be made in written form or sent by email to email@example.com or via the TelDolMed contact form.
XII. Changes to these GTCs
TelDolMed reserves the right to change these GTCs at any time without giving reasons. The changed conditions will be sent to Users by email at least two weeks before they enter into effect. If a User does not dispute the validity of the new GTCs within two weeks from receiving them, the changed GTCs are deemed to have been accepted. TelDolMed shall point out the significance of this two-week time limit in the email containing the amended conditions.
- Annex 1. Cancellation rights
- Annex 2. Sample Second Opinion Contract
- Annex 3. Sample Fee Agreement
- Annex 4. Information and Consent to the Collection and Use of Personal Data