General Terms & Conditions

 

General Terms and Conditions of nobledoc.com
Date: 01.04.2016


1. Introduction

  1. The following are the general terms and conditions of the company noblemed GmbH, Pasteurstrasse 1a, 50735 Cologne, for your access to the services and the nobledoc.com website.

  2. Our privacy policy regulates how we collect and use your data, while our terms of use present the functions of our website and your obligations regarding the use of our services. By using our services, you agree to these general terms and conditions and state that you have read and accepted our terms of use and our privacy policy.

  3. The acceptance of these terms and conditions, our privacy policy, the terms of use, and our copyright policy is a necessary condition for the use of our services.

  4. If you are using our services for a corporation, you agree to these general terms and conditions on behalf of that corporation.

  5. The contract of the use of our services is concluded between noblemed GmbH and the individual user when the user registers on our website.

 

 

2. Comments on the Privacy Policy

  1. When you use our services and website, you provide us with data, such as patient files, x-rays, contacts, etc. Your data belongs to you and your data responsible person. These general terms and conditions give us no rights to your data, except the limited usage rights mentioned in our privacy policy and our terms of use, which give us the opportunity to offer our services.

  2. For the aforementioned use of your data, we need your permission and the consent of the concerned individual. These functions require access and scanning of your data through our system. You authorize us to carry out these tasks.

  3. Through our services, you have the opportunity to share your data with others. You should therefore be careful about what you share.

  4. All users should respect the rules of medical and general confidentiality and should maintain professional, good, and respectful interactions with the data of other users. The collecting, abstracting, copying, reproducing, publishing, or any derivative usage of our services, including data of other users and the use of data mining, robots, spiders, or similar data gathering tools, without our prior written permission is prohibited.

 

 

3. Responsibility

  1. Your data should comply with our terms of use. You are therefore responsible for your actions. The content in our services may be protected by the rights of intellectual property or privacy reasons. You should therefore upload, copy, download, and share content only if you have the right to do so.

  2. We expressly reserve the right to review your actions and your content to see if they comply with these terms and conditions and our terms of use. However, there is no obligation for us to do so. We are not responsible for the content that you as a user upload and share through our services.

  3. We ask you to protect your password for our services and to ensure that others do not have access to them.

  4. We also point out that the use of our services is only allowed for legally contractually capable people. Minors and the incapacitated are not allowed to use our services.

  5. In using our services, you agree that you are of legal age and legally competent.

 

 

4. Copyrights

  1. Our services are protected by German copyright law and other German laws. These terms and conditions give you no rights or claim to the services, the content of other users in the services, noblemed trademarks, logos, or other trademarks.

  2. We respect the intellectual property of others and expect the same from you. We respond to notices of alleged copyright infringement if they comply with the law and we are sufficiently informed. Our copyright applies for notifications of this kind of infringement.

  3. We reserve the right to delete or deactivate content violating copyrights and to disable or delete the accounts of users who repeatedly violate copyrights.

  4. Reports of alleged copyright infringement should be sent to us via the support form.

 

 

5. Paid Accounts

  1. The registration of a non-approved account on our site with limited functionality is free of charge.

  2. We do not charge fees for the verification of an account in order to upgrade; however, account activation takes place only after receipt of fees for paid accounts.

  3. The fee for an approved account is €150.00 per year.

  4. There are no annual fees for expert accounts.

  5. The fee for an approved patient account is €50.00 per year.

  6. The fee for a corporation account is €300.00 per year, except for nonprofit corporations and educational institutions, which are exempt from fees.

  7. Opening a thread in the treatment area is free of charge for all providers.

  8. We charge €10.00 per expert to add an expert to a thread.

  9. Adding a colleague from the colleagues list to a thread is free of charge.

  10. Publishing in the Knowledge rubric is free of charge.

  11. Making an offer under the rubric offers costs €20.00 per offer.

  12. Announcing in the Jobs rubric costs €15.00 per announcement.

  13. Account flat rates allows users to use of all our services for a single yearly payment, which is individually calculated depending on the type of user:
    a. Provider account: €1,000.00 per year.
    b. Corporation account for an educational institute: free.
    c. Corporation account for a company with up to five employees: €1,000.00 per year.
    d. Corporation account for a company with up to 20 employees: €2,000 per year.
    e. Corporation account for a company with up to 100 employees: €3,000.00 per year.
    f. Corporation account for a company with more than 100 employees: €5,000.00 per year.

  14. All prices listed above are net prices and are subject to 19% VAT.

  15. The verification of the knowledge of a provider in order to obtain an expert account is associated with some costs. As long as the verification is carried out at the request of the service provider, he or she must bear those costs. We require an advance payment of those costs from the provider. The verification is carried out after payment. The price depends on the respective scope. If the verification is carried out at our request, we accept only the costs of the expenses of the verification. We do not bear any costs incurred to the user.

  16. We only accept PayPal as an online payment method. PayPal allows users to choose other payment methods, such as credit card or direct debit.

  17. Payment for special services, such as account flat rates or verification of experts, can be made by ordinary invoice and bank transfer on request.

  18. A paid account will remain operational until it is denounced or terminated according to these conditions. If you do not pay your paid account on time, we reserve the right to terminate it after reasonable notice with immediate effect or to downgrade it to a free non-approved account.

  19. We can change the applicable fees, but will notify you of this in advance.

 

 

6. Termination of Use

  1. You may terminate our services at any time. We reserve the right to cancel the services according to our sole discretion, by an arbitrary date, and without advanced notice.

  2. We block or inhibit your use of our service if you do not comply with these general terms and conditions and the terms of use, or if you use our services in a way that makes the liability risk increase for us, or if you interrupt our service or suspend the use of the service by others.

  3. Except for paid accounts, we reserve the right to terminate and dissolve your account when you no longer have access for more than 12 consecutive months. Note that we will inform you of taking this action.

  4. We are allowed to transfer the rights and obligations incurred to the user in whole or in part to third parties. In this case, the user is entitled to terminate his contract.

  5. All user data, including patient data, can be disabled or deleted at any time upon written request of the user. The request should be sent to us via the support function.

 

 

7. Services As-Is

  1. We strive to provide proper and orderly service. However, we cannot guarantee some areas.

  2. We assume no express or implied warranties regarding services to the extent permitted by law. Our services are provided as described above (as-is). Regarding merchantability, availability, fault-free operation and usability of the site, fitness for a particular purpose, and non-infringement, we disclaim all warranties beyond.

 

 

8. Limitation of Liability

  1. We are not a provider of medical services and treat no patient ourselves, but merely provide a platform for communication between users who offer or receive medical services and need to exchange medical data, such as doctors, therapists, companies, universities, and patients. For this reason, we assume no liability for damages that are created by the respective offered or resulting service or treatment itself.

  2. Our liability and the liability of our vicarious agents for infringements of contractual obligations is limited to intent and gross negligence. This does not apply to injury to life, body, and health; claims due to the breach of cardinal duties; or compensation for damage caused by service delay (§ 286 BGB). In these cases we are liable for every degree of fault.

  3. Liability for breach of duties, the fulfillment of which allows the execution of the contract and on whose observance the user regularly relies (so-called obligations), is limited to predictable, typically occurring damage.

  4. We assume, subject to points 8.1 and 8.2, no liability for damages caused by the use of our website and services or the direct or indirect use of the content.

  5. The information content of our website will be updated by us on a regular basis. However, we can assume no warranty, liability, or responsibility for the accuracy, timeliness, or completeness of the information on our website. Obligations to remove or block information according to general laws remain unaffected. However, a relevant liability is possible only from the date of notice of a specific infringement. After the notice of a legal violation, we will remove the relevant content immediately.

  6. Our site contains links to other sites; however, they are for information only. Where such links exist, this does not mean that their contents are monitored or approved by us. We assume no responsibility for such websites, and we are not directly or indirectly responsible for any damage or loss or liability incurred by or in connection with the use of information, content, or services of the third-party websites or available through link to external resources. We will remove such links immediately as soon as we know about any infringement.

  7. In case of technical difficulties with the Internet, it may happen that there is inaccurate or incomplete transmission or reproduction of the information on the website through the Internet, software, or due to transmission problems. The liability for this, as well as for transferred viruses and other harmful programs, is excluded, subject to Sections 8.1 and 8.2.

  8. We do not assume any liability that may arise from a non-conforming use of the content posted by the user.

  9. We are committed to protecting all users with carefulness. Subject to Sections 8.1 and 8.2, we cannot be held liable in any way for damage caused by data espionage, hacker attacks, defective hardware or software, or acts of God.

 

 

9. Settlement of Disputes, Applicable Law, and Jurisdiction

  1. We are keen to find solutions for possible disputes even without the assistance of a court. Therefore, before you contemplate applying to a court, first try to find an informal solution to the dispute with us by contacting us directly through our support form. We will strive to resolve the dispute informally by email. If a dispute cannot be settled within 15 days of submission, either party can initiate a formal procedure.

  2. These terms and conditions are subject to binding international private law rules exclusive to the substantive law of the Federal Republic of Germany.

  3. If the user is a merchant in the meaning of § 1 para. 1 HGB, a legal entity under public law or a public special asset, only the courts near our headquarters in Cologne are considered competent to hear disputes arising out of or in connection with the contractual relationship responsible. In all other cases, we or the user may bring an action in any court competent by law.

 

 

10. Entire Agreement

  1. These terms and conditions and the regulations referred to in these terms and conditions, present with the contents specified in them the entire agreement between you and us and supersedes any prior or contemporaneous agreements between us.

  2. Through these conditions, no rights in favor of third parties are granted.

 

 

11. Changes

  1. We reserve the right to change these terms and conditions from time to time. The latest version is available on our website.

  2. If your rights are substantially reduced by a change, we will notify you within a reasonable amount of time.

  3. Further use of our services after changes to these terms and conditions implies acceptance of the revised terms and conditions.

 

 

12. Cancellation

  1. You have the right to withdraw from this contract within 14 days without giving reasons.

  2. The withdrawal period shall be 14 days from the date on which the contract was executed.

  3. In order to exercise your rights, you must inform noblemed GmbH, Pasteurstrasse 1a, 50735 Cologne, Germany, email: info@nobledoc.com, fax: +49 (0) 221 6430 899 1, by means of a clear statement (e.g., a document consigned by postal mail, fax, or email) of your decision to withdraw from this contract.

  4. In order to safeguard the withdrawal period, it is necessary that you send your request concerning the withdrawal before the end of the withdrawal period.

  5. In the case of an effective withdrawal, mutually received benefits are to be returned and any return profits drawn. If the services are not returned, partly not returned, or are returned in a deteriorated condition, users are obliged to pay compensation.

  6. Users must fulfill contractual obligations for the period until full withdrawal.

  7. Obligations to refund payments and services must be fulfilled within 30 days. The period begins with the conclusion of the contract.

  8. For repayments, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise.