DocCheck Medical Services GmbH, Vogelsanger Straße 66, D-50823 Köln, registered in the trade register of Cologne District Court as HRB 31152 (hereinafter referred to as "DocCheck"), is an internet service for healthcare professionals. The services of DocCheck are provided via websites in the internet (e.g. doccheck.com, doccheck.de, doccheckshop.de amongst others) as well as via several sub-domains and aliases of these domains and via mobile applications ("Apps"), web services and routings, respectively integrations in third party pages (e.g. via "iFrame"). Furthermore DocCheck integrates a password protection for third parties (e.g. companies) on their websites, which contain information for medical circles, issues passwords to users and verifies their identity when they want to access such websites with integrated password protection. DocCheck offers various other internet-based services to users, thereby connecting providers and users of professional medical information.
DocCheck is funded by advertisements on the DocCheck website and eCommerce offers for its users.
1) Object of the agreement
The object of these General Terms & Conditions ("GTC") is registration for a DocCheck password and its subsequent use, and especially for the following additional services offered by DocCheck ("DocCheck services"):
A. General conditions for using DocCheck services
2) Users, registration, DocCheck password, user account
(1) DocCheck services are only available to natural persons with full legal capacity and to corporate entities. As a rule, using DocCheck services is subject to prior registration with DocCheck. Some services are reserved for persons who are members of medical healing professions or who are in the process of training for such professions, as well as for employees of the pharmaceutical industry and associated service providers (hereinafter all users are collectively referred to as "users"). Depending on the type of DocCheck service and the areas and external internet pages that access is applied for, DocCheck is entitled to request relevant proof (e.g. certificate of professional qualification). Such proof shall be furnished electronically (email or upload) or by fax and will be archived by DocCheck for the purpose of providing evidence.
(2) DocCheck reserves the right to decline registration or activation. No right to registration or activation exists.
(3) Registration takes place through DocCheck’s website (https://www.doccheck.com/com/account/register/). The data requested for the process of registration shall be provided fully and truthfully.
(4) The user will receive an email confirming registration and activation of the password he selected (DocCheck password). After successful registration and activation he is able to use the DocCheck services activated for him (the free option is also referred to as "DocCheck Basic" hereinafter).
(5) Upon registration DocCheck sets up a user account for the user.
(6) Registered users have the right to cancel their registration at any time. DocCheck is entitled to end the registration, i.e. the user relationship, by giving one month's notice. Termination for important reasons remains unaffected. An important reason exists in particular if the user is in serious breach of these GTC (e.g. providing false information when registering, passing on the DocCheck password without authorisation or improper use of DocCheck services) or violates prevailing law as a result of using DocCheck services. The DocCheck password shall remain activated for the time required to settle the contract. After settling the contract DocCheck shall delete personal user data if they are no longer needed. DocCheck's provisions on data security (http://info.doccheck.com/com/privacy/) apply.
(7) As soon as a precondition for the use of individual DocCheck services no longer exists (e.g. being a member of certain professions) the right to use the DocCheck password ceases automatically. The user shall notify DocCheck without delay if data provided for registration changes or becomes invalid.
(8) Users may register only once. DocCheck shall be notified immediately of any additional accounts that might exist. Such accounts will be closed by DocCheck.
(9) If a user enters into a contractual relationship with DocCheck as a consumer in terms of section 13 BGB [German Civil Code] and not as an entrepreneur in terms of section 14 BGB, pursuing his commercial or self-employed professional activities (e.g. as a self-employed medical practitioner or as an employee of a doctor’s surgery or hospital), his rights as a consumer shall not be restricted by these GTC.
(10) Additional provision for DocCheck members from Belgium and Luxembourg. The user data of DocCheck members who have given an address in one of the countries listed above, will be transmitted and shared with our cooperation partners for processing support requests and marketing activities:
For Belgium and Luxembourg:
Medical Web Services
Rue Archimedesstraat 61
3) Using the DocCheck password, access
(1) The user undertakes to use his DocCheck password for his own purposes only and to guard against unauthorised access by third parties. The user is exclusively responsible for any consequences of unauthorised access. He exempts DocCheck of any costs and third party claims which DocCheck may incur due to his violation of these obligations.
(2) The extent of access to information granted with the DocCheck password depends on the terms and conditions of those third parties who make use of DocCheck's password protection and may differ according to the professional group that the user belongs to. If a user objects to a third party's terms and conditions he has to approach such third party on his own accord. The user has no right to demand that DocCheck forwards his complaints to a provider of external webpages. DocCheck will not mediate between a user and a provider.
4) User obligations
(1) DocCheck services are made available to persons working in the medical professions and in part for the purpose of studying, i.e. for medical students and persons who are training for a medical profession. Restrictions with regard to access and user possibilities mainly result from the professional group to which the user belongs as well as from prevailing legal stipulations. Without DocCheck's explicit consent the user is not allowed to use any DocCheck services that he has been granted access to for commercial purposes other than the contractual purposes, i.e. for other purposes than his activity as a member of a healing profession. In particular, access may not be sold, ceded to third parties with or without fee or used in any other way with the direct intention of attaining material gain. Commercial use in terms of these GTC does not include the intended professional purposes of members of a healing profession.
(2) The user undertakes to see to it that uploaded data does not contain any harmful codes (viruses etc.). Data infected with viruses may be deleted by DocCheck without any dues to the user. The user also undertakes to refrain from uploading illegal or in other ways inadmissible content (e.g. advertisements, racist remarks or pornography).
(3) The DocCheck services are not an archive system. Therefore no guarantee is given for uninterrupted and permanent availability of the systems. No automatic back-up copies are made of data transferred to DocCheck through DocCheck services and users have to protect themselves adequately against any possible loss of data. It is not recommended to use the DocCheck services as the only storage site for data.
(4) The user undertakes to use DocCheck and the respective services only as stipulated and within the scope of prevailing laws and these GTC. The user also undertakes not to violate any laws by using DocCheck’s services or through such services. The user is solely liable for any violations that he may become guilty of.
5) Granting of user rights
(1) Users are able to add to various contents of the DocCheck services, upload them and exchange their views with other users. DocCheck will use such user content for various purposes within the DocCheck services and make it available to other users.
(2) In order to run the DocCheck services and make interaction and the distribution of user content possible in the manner described above, turning the DocCheck services into a lively platform for specialist and interdisciplinary exchange, the user grants DocCheck permission to use and adapt the content added by him at any time without further consent, especially to shorten such content, summarise it and sort in a different way. For this purpose the user grants DocCheck without charge all the necessary rights to the content as well as adaptations, particularly any usage rights subject to copyright, personal rights (if legally permitted), trademark rights etc. The aforementioned rights include in particular the right to make content and adaptations available to the public, to copy and distribute them and to sublicense and transfer them to third parties. The user does not insist on being mentioned as the author and where necessary declares that he has obtained a similar waiver from third parties.
(3) Some DocCheck services offer users the opportunity to have their own content published under a Creative Commons licence (such content is hereinafter also referred to as CC content). If this option is chosen, DocCheck will also be entitled to use, adapt, process and evaluate such content for its own purposes to the full extent of the Creative Commons licence - commercially as well as non-commercially and without having to pay a fee (this also applies to utilisation as described in section 5 paragraph 5).
(4) Irrespective of whether or not content has been published on the platform as CC content, DocCheck is entitled to use, make publicly available and display all user content within the DocCheck services, especially (but not exclusively) as follows:
(5) If DocCheck intends to use content which was not published as CC content for products which are subject to a charge within or outside the DocCheck services, for its own or other purposes, DocCheck will enter into a proper agreement with the user in question, which will in particular cover appropriate financial compensation for granting user rights (e.g. through an author’s contract, summarised as "commercial utilisation"). Commercial utilisation exists especially if the intended use is for multimedia content in multeBook (eBook) as well as eLearning offers which are commercial and subject to charges.
(6) If possible, licence enquiries from third parties regarding content in the DocCheck services will be forward by DocCheck to the user. Unless agreed otherwise the user then negotiates details and conditions directly with such third party, without involving DocCheck. In this context DocCheck is neither the contractual partner of the user nor that of the third party, or a vicarious agent of any of the two. If the need arises DocCheck will make all reasonable efforts to mediate between the parties.
(7) Special rules apply to content which the user publishes on the 'Flexikon' DocCheck service. They are available at http://flexikon.doccheck.com/Flexikon:Nutzungsbedingungen. The user agrees to these terms no later than at the time of his first contribution to the 'Flexikon'.
(8) DocCheck has the right to block and delete content – especially such content which is of a commercial/advertising nature (e.g. advertising a type of medication or a treatment), which violates legal stipulations or conduct rules or press laws, which is indecent or may harm DocCheck.
(9) Where DocCheck services makes it possible for the user to publish and/or upload his own content or a file (e.g. DocCheck Blog, DocCheck Jobs, DocCheck Pictures, DocCheck TV), the user has the obligation to take third party rights into account, especially personal rights, copyright and trademark rights. The user also undertakes to refrain from publishing confidential patient data within the DocCheck services. The user undertakes to carefully check any contribution prior to publication to ensure that data/texts/images/videos are disassociated to such an extent that it becomes impossible to draw conclusions regarding the identity of persons involved (especially patients/students and similar). DocCheck is not responsible for the user's adherence to this obligation and does not accept any liability in this respect. It is the user's own responsibility to select the desired/correct settings (e.g. CreativeCommons for the Flexikon, commercial use etc.) for rights and visibility before uploading/publishing content.
(10) The user allows DocCheck to advertise around content which is made publicly accessible while it is being used and/or to conduct other promotional campaigns or permit others to conduct such campaigns. The user furthermore grants his permission that DocCheck may also use his published content for advertising purposes outside the DocCheck services, irrespective of whether or not they were published as CC content.
6) Prohibited activities regarding DocCheck services
(1) In connection with the DocCheck services the user is not allowed to engage in the following:
a) Sending chain letters
b) Sending identical private messages to several users at the same time
c) Executing, soliciting and promoting structural distribution measures (such as multi-level marketing or multi-level network marketing)
d) Executing, soliciting and promoting communication which is of a suggestive or sexual nature (explicitly or implicitly)
e) Use of mechanisms, software or scripts while using the DocCheck websites; this excludes interfaces or software which is made available on the DocCheck websites as part of DocCheck services
f) Automated reading and storing of user data - even if they are publicly available
g) Blocking, overwriting, modifying, copying - unless it is necessary for the proper use of the services on the DocCheck websites. Copying by 'robot' or 'crawler' search engine technology is not necessary, for example, and therefore explicitly prohibited.
h) Spreading and publicly reproducing content from DocCheck websites or other users,
i) any action which could interfere with the functionality of the DocCheck infrastructure, especially subjecting it to excessive load.
(2) Individual DocCheck services may be subject to separate general terms and conditions which will become valid in addition to these general terms and conditions at hand when the user starts to make use of the service in question.
7) Warranty / exemption / user liability
(1) The user is fully responsible for any content that he publishes on the DocCheck services. DocCheck only provides the DocCheck services as a platform to the user and on principle does not take ownership of any content. The user guarantees that he is entitled to use such content to its full extent. He also guarantees that such content is not illegal, and in particular that he is entitled to grant DocCheck the user rights defined in section 5. He guarantees that he does not violate any third party rights and that he has obtained all necessary rights and permissions from third parties. The user exempts DocCheck from any claims which third parties assert against DocCheck on the grounds that their rights are violated by the user's content/behaviour/actions, unless such content was changed by DocCheck and the claims are entirely based on the changes made by DocCheck. This includes reasonable costs for legal defence. This provision also applies to cases of public authority recourse.
(2) If the user becomes aware of any statutory violation he has the obligation to notify DocCheck without delay.
8) Availability of DocCheck services
(1) DocCheck strives to maintain a high level of availability of the DocCheck services but does not guarantee availability.
(2) DocCheck reserves the right to reduce or discontinue any of its services (e.g. for technical or financial reasons) at any time without specifying the reason. Major changes/restrictions of the functions will be announced well in advance.
9) Contracts concluded among DocCheck users and with third parties
(1) As far as substance is concerned, DocCheck does not participate in communication among users. DocCheck has no part in contracts on DocCheck services which users conclude with one another or with third parties. Therefore DocCheck does not become a party to such contracts or the users' vicarious agent in this respect or a third party in relation to the users. Users and third parties are solely responsible for the implementation of and compliance with contracts that they have concluded with one another.
(2) DocCheck is not liable if in connection with such contracts no contact can be established between users and third parties through the DocCheck services. Nor is DocCheck liable for users' or third parties' breach of duty with respect to contracts concluded or initiated between users and third parties.
(3) In particular, respective users and third parties are solely responsible for any job offers and profiles they place with DocCheck Jobs. DocCheck is only passively involved as the carrier of information and does not check whether it is correct. The user is obliged to ensure that information published by him or by third parties is true and correct and is not in violation of the law or third party rights.
10) DocCheck's liability
(1) DocCheck is liable according to legal stipulations, without limit to the extent of damage, in cases where damage is caused by intent or gross negligence on the part of DocCheck's legal representatives or senior staff or by serious organisational culpability or by the absence of properties which were guaranteed. For the rest, irrespective of legal argument, DocCheck is liable only for damages which are caused by culpable violation of an essential contractual obligation by DocCheck's legal representatives or senior staff. Essential contractual obligations are such obligations which, if not complied to, would render proper execution of the contract impossible and violation would put the purpose of the contract at risk. The user must be able to rely on compliance with essential contractual obligation at all times.
(2) DocCheck is not liable for damages, including indirect and subsequent damages such as lost profits, which the user incurs as a result of
a. erroneous rendering of user-controlled information, e.g. advertisements, practice descriptions or presentation of goods
b. DocCheck services not functioning properly
c. faulty data transfer and printer control
d. loss of data or other losses in connection with the utilisation of DocCheck
unless such damages are caused by intent or gross negligence on the part of DocCheck’s legal representatives or senior staff.
(3) In the case of paragraph (1), 2nd sentence, DocCheck’s liability is limited to the typical damage caused by the service in question, which DocCheck had to be aware of when the contract was concluded, due to the circumstances known at that time. DocCheck is not liable for lack of financial success, lost profits, savings which failed to materialise, indirect damages, subsequent damages and third party claims.
(4) Subject to specific arrangements, DocCheck accepts liability for the loss of data and their retrieval only if such loss would also have occurred with appropriate data storage measures put in place by the client, and if the data can be reconstructed with reasonable effort from data material which is available in a machine-readable format.
(5) DocCheck does not accept any liability if the user, by making use of DocCheck services, violates legal stipulations, such as for example the Unfair Competition Act (UCA), the Tele Media Act (TMA), the trademark act, the law on advertising in the health care system and others.
(6) Transfer channels in the internet are not safe from unauthorised access by third parties. Internet users who are technically well-versed have the means to access the data of others and read and adapt them. DocCheck users bear the risks of data transfers and accept that complete secrecy of data/information cannot be guaranteed for this transfer channel. If it is possible for the user to make available or publish content within the DocCheck services, it is therefore urgently recommended to refrain from using the DocCheck services for transferring confidential data which for legal or contractual reasons may never we exposed to third parties. DocCheck is not liable for the consequences of third parties gaining access to data.
(7) DocCheck does not accept liability for events and circumstances beyond its control. This applies in particular to the services of Deutsche Telekom and other service providers, the operational efficiency of routers outside DocCheck's own network and the condition of the optic fibre network.
(8) Content compiled by users or third parties for individual websites, especially the content of websites which are only linked to DocCheck, is the sole responsibility of the user or third party concerned. DocCheck does not check the completeness and correctness of content, or its compatibility with vocational law. DocCheck is not liable for content which users make available through the DocCheck services - neither for its correctness and relevance to the present, nor its lawfulness and the existence of user rights to such content. As members of the healing professions users have to be aware of their special obligation to exercise diligence towards their patients. If DocCheck learns of a user's infringement upon patient or student rights - irrespective of the manner - the content in question will be deleted immediately and the user barred from the further use of DocCheck. Regarding the specialist exchange of views via the DocCheck services and content accessible through DocCheck services - irrespective of which kind, incl. the Flexikon - DocCheck cannot vouch for the content of public and non-public communication. DocCheck does not check content and scientific representations. Even though certificates required under section 2 paragraph 1 are checked with great care, it cannot be guaranteed that users hold the professional qualifications they claim. Each user has a responsibility to examine and evaluate other users' content critically, in particular scientific findings, treatment methods and the application of medicines. General rules of professional conduct and legal stipulations apply.
(9) By analogy the aforementioned restrictions of liability also apply to DocCheck's employees and authorised representatives. Liability for any damages caused by such employees and authorised representatives is limited, even in case of intent and gross neglect, to the typical damage caused by the services in question, which DocCheck had to be aware of when the contract was concluded, due to the circumstances known at that time. DocCheck is not liable for damages caused by a DocCheck employee or authorised representative through negligent violation of a non-essential contractual obligation. An essential contractual obligation is an obligation which, if not complied to, would render proper execution of the contract impossible and violation would put the purpose of the contract at risk. The user must be able to rely on compliance with essential contractual obligations at all times.
(10) The aforementioned exclusions of liability and restrictions with respect to entrepreneurs or consumers do not apply if DocCheck has given explicit guarantees or in the event of damages which result in injury to life, body or health. They become void if superseded by stringent legal stipulations.
B. Provisions on the use of individual DocCheck services
11) Account and info emails from DocCheck
(1) Account emails
In order to be able to offer the DocCheck password service free of charge, all information regarding e.g. user details, the password and the user account are processed by email ("account emails"). By accepting these GTC the user agrees to this system. Account emails can only be cancelled if registration with DocCheck is terminated.
(2) Info emails
DocCheck also emails an online magazine (DocCheck News) to keep users updated on news in the health sector as well as the various services offered through the DocCheck portal. Among others, these info emails include
a) News from the health sector in the form of an online magazine (DocCheck News)
b) Job offers in DocCheck Jobs (DocCheck JobMail)
c) New websites protected by DocCheck (DocCheck SiteSeeing)
d) Services of the DocCheck portal, e. g. web services by DocCheck or offers at the DocCheck Shop, DocCheck Load or DocCheck Pro,
e) Invitations to remunerated online market research
Upon registration the user agrees to receiving such info emails.
(3) The user is able to change, limit or cancel receipt of the aforementioned info emails by changing his email settings through the DocCheck website https://www.doccheck.com/com/account/email/settings/.
12) Emails from DocCheck's advertising partners: DocCheck BusinessMail
(1) DocCheck offers users the opportunity to participate in DocCheck's BusinessMail ("bMail") service.
(2) Through the BusinessMail service the user receives information about products and services offered by DocCheck's advertising partners (advertising).
(3) Upon registration with DocCheck the user declares that he wants to receive DocCheck bMail. He can withdraw his consent to participate in this service at any time by changing his email settings via the DocCheck website https://www.doccheck.com/com/account/email/settings/.
(4) Users participating in DocCheck bMail are entitled to a small expense allowance. It is credited to their DocCheck customer account (section 13) and compensates for expenses incurred with respect to infrastructure, e.g. internet connection and receiving the emails in question.
(5) An expense allowance for emails received as DocCheck bMail is paid only for emails which are
a. entitled "DocCheck bMail" in the reference field and were sent from the DocCheck mail server
b. opened by the user and acknowledged with a click on a link at the bottom of the email.
(6) The user may donate his expense allowance to a charitable organisation. Since only small amounts are involved, receipts cannot be issued for organisational reasons.
13) DocCheck customer account
(1) A DocCheck customer account is automatically set up for the user upon registration with DocCheck. Its purpose is to keep a record of the user's entitlement to expense allowances which the user can earn through various DocCheck services. The DocCheck customer account is no bank account, however, and it is not possible to use the customer account for transfers to third parties or other transactions.
(2) Entitlements to DocCheck allowances do not bear interest.
(3) Allowances accrued in the DocCheck customer account are paid within 14 days after the end of the quarter into the bank account provided by the user as part of his profile data. If the amount is less than 10 Euros or if no banking details have been provided, the allowance will be carried forward to the next quarter. Payments are made to German bank accounts only unless a SEPA transfer can be made to the foreign account in question. IBAN and Swift/BIC details are necessary for SEPA transfers.
(4) A lump sum fee of EURO 0.50 is due per transaction. DocCheck will deduct this fee from the allowance to be paid to the user.
(5) Through the DocCheck website the user can check the balance of his entitlements at any time. He needs his DocCheck password to enter his account.
(6) The user is solely responsible for paying any taxes which may be due on his DocCheck allowances.
(7) The DocCheck customer account can only be closed when the user cancels his DocCheck registration. He can, however, delete his banking details at any time. If any entitlements are still due at the time when the DocCheck registration is cancelled, the money will be transferred to the user provided the total amount is at least three Euros. Amounts of less than three Euros will be withheld as processing costs.
(8) If the money credited to the DocCheck customer account cannot be paid out because banking details are incorrect or not known, entitlement to such credit expires by limitation in accordance with legal stipulations.
14) DocCheck Community
(1) With the "DocCheck Community" DocCheck offers a platform which enables users to communicate with one another.
(2) Upon registration a pubic user profile is compiled which shows the user's title, first name, surname, profession and place of residence in a register on the DocCheck website. The user can add further information to his DocCheck profile.
(3) The user allows DocCheck to publish his profile data and any information he has added. DocCheck will adhere to the visibility settings that the user has chosen. The user agrees in particular that any profile data and files which he as marked as "public" may be displayed on the DocCheck website without restriction of access and are thus also available to third parties who are not registered with DocCheck. The user can revoke such accessibility at any time by changing his profile settings.
(4) The user also consents that his profile data and content marked as "public" may be found and listed by search engines. He can change his profile settings at any time to prevent search engines from finding his profile. The user is aware, however, that even after changing his settings on the DocCheck website, search engines may continue to show profile data and content already listed.
(5) The user undertakes to publish only such photos of himself on DocCheck on which he is clearly recognisable and which correspond with his current appearance. The user ensures that DocCheck is allowed to publish the photos submitted by him on the DocCheck websites. Pictures or images of non-existing persons or other creatures (avatars, animals, fantasy characters etc.) are not permitted.
15) DocCheck Jobs
(1) "DocCheck Jobs" is a job exchange service.
(2) Upon registration with DocCheck the user is able to use the DocCheck Jobs service immediately. Any data entered on the DocCheck Jobs pages, i.e. files regarding job offers and applicant profiles as well as pictures, are accessible by third parties visiting the DocCheck Jobs site and can be traced by search engines such as Google. Each user can determine to which extent his data may be accessed by the general public. In individual cases application documents may be submitted to employers electronically.
(3) Upon registration DocCheck sends emails containing job offers ("DocCheck JobMail") to the user as part of the DocCheck Jobs service. The user can cancel DocCheck JobMail at any time by changing the settings of his data record through the DocCheck website https://www.doccheck.com/com/account/email/settings/.
16) DocCheck Market Research
(1) DocCheck offers the opportunity for voluntary participation in market surveys conducted online as part of "DocCheck Research". Upon registration DocCheck emails the user invitations to participate in such surveys.
(2) The user can at any time revoke his willingness to receive such invitations by changing the settings of his data record through the DocCheck website https://www.doccheck.com/com/account/email/settings/.
(3) The user is entitled to an expense allowance for participating in DocCheck market research in due form. The actual sum depends on the infrastructure and the approximate time needed by the user to complete the survey. The user will be notified of the respective amount allocated to each survey.
(4) Users may participate only once per survey.
17) DocCheck Load
(1) "DocCheck Load" is an online distribution platform for electronic content. This includes publications such as eBooks, eJournals, specialist essays and software as well as procuring access to online databases or other content in electronic form. The contract partners are DocCheck and the user.
(2) DocCheck does not compile the content but distributes it on the basis of cooperation agreements with those who hold the rights to this content.
(3) After selecting items for his "basket" on the DocCheck Load website, the user submits a binding contract offer to DocCheck by clicking the "order" button ("order with payment" or "buy"). His order is confirmed with all information relevant to the contract, including an online invoice. By confirming an order DocCheck accepts the contract which comes about when the beneficiary receives confirmation of his order. The contract is subject to these GTCs.
(4) The prices listed for the various items on the DocCheck website are retail prices quoted in Euros. They include statutory turnover tax at the rate valid at the time. The order is subject to charges applicable at the time when the order is made. A lump sum fee amounting to EUR 1.50 is charged for orders with a total value of less than EUR 10.00. Orders with a total value of more than EUR 10.00 are exempt from this fee.
(5) Some of the content may be available for certain groups of users, e.g. qualified medical doctors. The reason for restrictions of this kind is usually of a legal nature. Restricted content is marked as such.
(6) Charges are due when the digital content becomes available in the user's account on DocCheck Load.
(7) The user can choose one of the payment options offered during the ordering process. He can pay by credit card, direct debit (in Germany), online clearing (e.g. PayPal) or voucher, or he can offset the invoice against amounts owed to him by DocCheck and recorded on his DocCheck customer account. If the user opts for offsetting, the credit shown by his DocCheck customer account has to be at least the same as the invoice amount (see section 13 of these GTC on the DocCheck customer account). DocCheck reserves the right to refuse a certain method of payment from time to time.
(8) If the user fails to pay DocCheck has the right to offset the invoice amount against any entitlements recorded for the user's DocCheck customer account. If the user repeatedly fails to pay, or fails to pay within the given time limit, DocCheck may terminate the contractual relationship for important reasons and with immediate effect. Assertion of other rights remains unaffected.
(9) The user can balance DocCheck's claims with claims of his own only if they are undisputed or have been declared as legally binding.
(10) Content ordered by the user is made available in a personal document folder ("My eBox") in the user's account as soon as his order is confirmed. Having made the ordered content available DocCheck has fulfilled its contractual duty - irrespective of whether and when the content is in fact downloaded by the user. If DocCheck only facilitates access to content (e.g. database, online service) published online by the holder of rights or a third party, DocCheck provides the user with all the necessary information (e.g. a password) to access such content. The content will not be transferred to a personal folder.
(11) If content, which has been ordered and is the object of a contract, is not available DocCheck reserves the right to withdraw from the contract or cancel it. In both cases the user will be notified immediately and any payments already made will be refunded without delay. Content becomes unavailable only under exceptional circumstances, mainly caused by the fact that the holder of rights is unable to make such content available to DocCheck.
(12) Content offered by DocCheck is subject to copyright. The user is granted a simple, non-transferrable right to use such content for purely personal purposes. The user has the right to download content, made available in his user account, onto a PC or similar terminal device and store it, archive it without time limit and print it out on paper for his own personal use. Further utilisation beyond this scope is not permitted. In particular the user is not allowed to publish such content on the internet, on an intranet or extranet, to use it commercially or pass it on to third parties. The above rights are granted subject to full payment of the user fee for the content.
(13) DocCheck stores contractual content in the user’s personal folder, "My eBox", if technically possible. This makes it possible for the user to download the content repeatedly, but an automatic claim to repeated downloads does not exist. DocCheck reserves the right to disrupt this possibility at any time temporarily or permanently, to discontinue it altogether or to delete specific context from the personal folder ("My eBox"). This particularly applies in the event the a holder of rights terminates or restricts the cooperation agreement with DocCheck or if DocCheck learns about violations of copyright or the unlawfulness of specific content.
(14) The user cannot claim any right to permanent storage of content in his personal folder ("My eBox") and to download such content repeatedly. It is explicitly recommended to archive content once it has been downloaded and to safeguard against loss. DocCheck has no obligation to replace content which is lost by the user after it has been downloaded.
(15) If electronic publications are transferred as PDF files they are personalised with the user’s name at the time of downloading and/or marked individually with further personalisation, e.g. a barcode or a watermark, so that the original user can be traced in the event that the files are passed on improperly. DocCheck has the right to hand over the data of the original user to the authorities for the purpose of taking legal action.
(16) Copyright endorsements, watermarks and other legal provisos may not be interfered with or removed by the user.
(17) Since the nature of the content on offer, in contrast to physical goods, makes them unsuitable for returning the right to retract in accordance with the mail-order act does not exist.
(18) A registered user is entitled to evaluate the content offered by DocCheck and write reviews which will be published in the context of such content. DocCheck is under no obligation, however, to publish any evaluations and reviews. Reviews have to be pertinent and may not contain insults, bad language, disparaging criticism or similar. It is not permitted, either, to include and publish personal contact data such as telephone numbers, email addresses, URLs or advertisements. Provisions under section 7 apply.
(19) Content offered through the DocCheck Load internet service may change from time to time. DocCheck reserves the right to remove certain content from the range and to limit or expand the range. DocCheck does not guarantee that content offered through DocCheck Load will be available at a future date to the same extent as at the time when the contract was concluded and implemented.
(20) The user may cancel his DocCheck Load account at any time. In that case any data and content kept in that account are deleted for good and access is deactivated. It is not possible to access such content again, and it cannot be restored after a new registration either.
18) DocCheck Pro
(1) The "DocCheck Pro" service allows users to subscribe to websites, information offers and downloadable content for which the DocCheck Pro system is used as an access system on the internet. Subscribers pay a monthly standard fee and use their DocCheck password for access.
(2) In order to be allowed access to the DocCheck Pro service the user has to supply the data requested by DocCheck fully and truthfully, and the subscription fee has to be paid up in full. The user is not entitled to this subscription. DocCheck reserves the right to refuse the subscription or cancel it with immediate effect without giving reasons, but especially under circumstances as described in section 17.
(3) In most cases DocCheck is not the information provider and does not produce the websites, information and content on offer, but only facilitates access to them. DocCheck's own content is identified by the conditions for use and the publishing details on the respective website.
(4) Specific content may only be available for certain groups of users (e.g. doctors). Restricted content is marked as such on the DocCheck website.
(5) DocCheck charges a monthly fee for DocCheck Pro membership. The exact amount is shown on the DocCheck website. Unless agreed otherwise, DocCheck Pro membership is for a minimum duration of 12 months. The annual membership fee is due in advance and can be paid by credit card, direct debit (in Germany), online clearing (e.g. PayPal) or through the DocCheck customer account. The user chooses the manner of payment. If he opts for offsetting, his DocCheck customer account must show sufficient credit to cover the fee.
(6) DocCheck Pro membership is initially for the minimum term booked by the user, which is 12 months unless otherwise agreed.
(7) If the user concludes the contract on using DocCheck Pro in his capacity as a consumer he has the right to cancel, as set out below. Otherwise no cancellation right exists.
(8.1) Cancellation right
You have the right to cancel your contract in writing (e.g. letter, fax, email) within 14 days without giving reasons. The cancellation period starts after these instructions have been received in writing, but not before the contract has been concluded and not before we have fulfilled our duty to provide legal information in compliance with paragraph 246 section 2 in connection with section 1 paragraphs 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations under section 312g paragraph 1 sentence 1 BGB [German Civil Code] in connection with article 246 section 3 EGBGB. The cancellation period is considered observed when the notification of cancellation is dispatched within the time limit. The notification has to be addressed to
DocCheck Medical Services GmbH
Vogelsanger Straße 66
Telephone: +49 221 92053 0
Fax: +49 221 92053 557
(8.2) Consequences of cancellation
In the event of a valid cancellation the parties have to return what they have received from one another, including possible benefits (e.g. interest) where applicable. If you are unable to return the service rendered by us, either in full or in part or only in a deteriorated condition, you may be liable to compensate us. The result may be that you nevertheless have to meet the contractual payment obligations for the period up to the cancellation. Obligations for refunding payments received have to be met within 30 days. Your time limit starts when you despatch your cancellation notification, ours starts when we receive it.
(8.3) Special advice
Your cancellation right expires prematurely if both parties have fully fulfilled the contract at your specific request before you have exercised your right to cancel.
End of legal instructions
(9) If the user is already in possession of a DocCheck password when he signs up for DocCheck Pro, his existing access opportunities will be extended by the DocCheck Pro partner sites once he is a DocCheck Pro member. DocCheck Pro users, however, do not automatically gain access to websites which are protected with the DocCheck password. Access rights are stipulated by the website provider and mainly depend on a user’s affiliation to a specific profession (see section 3).
(10) DocCheck is responsible for the accessibility of its own DocCheck Pro websites but does not vouch for the accessibility of partner websites participating in DocCheck Pro. If a partner site becomes temporarily inaccessible DocCheck will, however, urge the partner to restore the service as quickly as possible.
(11) DocCheck does not guarantee that the DocCheck Pro services on offer, i.e. the services of participating partner sites, will remain the same for the entire duration of the subscription as it is at the time when the contract is concluded with the user. This particularly applies in the event that participating partner websites restrict or discontinue their range for reasons for which DocCheck cannot be held responsible (e.g. the partner terminates cooperation or becomes insolvent). DocCheck reserves the right to discontinue, change or add specific services for other reasons. Users will be notified in good time and in a suitable manner if essential parts of DocCheck services are to be discontinued or changed.
(12) Inessential changes to the content range offered by DocCheck Pro do not entitle the user to demand refunding of subscription fees already paid.
(13) The user has the right to terminate membership without giving reasons thirty (30) days before the minimum utilisation period expires which was booked as part of the registration process, and thereafter 30 days before the end of the extension period. Membership, if terminated within the stipulated time limit, will end when the 12-month term or the term agreed upon expires. After termination of the DocCheck Pro membership the user retains the free DocCheck Basic membership until it is cancelled.
(14) Cancellation has to be affected in writing (by fax or post) or with the form available on the DocCheck Pro website (submitted online or sent by post). Simple cancellation by email is only valid if the user receives an answer with a ticket number allocated by DocCheck’s customer service. The user agrees that if, through the DocCheck Pro subscription, he gains access to a service the use of which is tied to DocCheck Pro membership, DocCheck notifies the provider of that service of his termination by name.
(15) Fees for the reminder of contract terms will not be refunded. The DocCheck Pro password will remain activated for as long as is necessary for winding up the contract.
(16) DocCheck reserves the right to monitor that the DocCheck Pro password is used as agreed, e.g. by storing the user’s IP address for a limited period of time, and in accordance with the stipulations of German laws on data security and the electronic media.
(17) If misuse of the DocCheck Pro password is suspected DocCheck has the right to block the password immediately and to terminate the contract for exceptional reasons, especially if
a) It is suspected that the password has been handed to third parties
b) False information was submitted by the user
c) The password is published, e.g. on forums or other websites
d) The password is used by several users
e) The user is in violating of a DocCheck Pro partner’s terms and conditions
19) DocCheck Pictures
DocCheck Pictures is DocCheck’s medical picture archive. It contains digital photos, micro photography, pictures of imaging procedures in the medical field, 3D images, graphics and diagrams. Users are able to upload, organise, comment and evaluate medical pictures. They can also exchange their pictures among each other.
20) DocCheck TV
DocCheck TV is DocCheck’s medical film archive. Users are able to upload and view specialist videos. DocCheck Pro members can also activate videos for training and learning.
21) Utilisation of data, data protection
DocCheck takes data protection very seriously. By entering his user name and password on the DocCheck website the user can at any time view his personal data stored by DocCheck. Handling of users’ personal data is described in the Declaration on Data Protection.
22) Copyright, licensing and trademark rights
(1) The design of this website as well as the texts, pictures, graphics, layouts, sounds, animations, videos and databases contained therein are protected by copyright or they are subject to other laws for the protection of intellectual property. DocCheck Medical Services GmbH is entitled to them, unless stated otherwise.
(2) The range offered on this website may not be interpreted in a manner which would tacitly, by forfeiture or otherwise, transfer to a third party a licence or a title which DocCheck Medical Services GmbH holds to a copyright, patent, trademark or other protective right.
(3) Unless stated otherwise, all trademarks used on the internet pages of DocCheck Medical Services GmbH are protected by trademark rights. This applies in particular to company logos and characteristics.
(4) The “DocCheck” term and symbol are protected by various registered word and figurative marks.
C. Final provisions
23) Choice of law / changes / jurisdiction
(1) Processing of DocCheck services and these General Terms and Conditions are subject to German law, excluding conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods, dated 11 April 1980, does not apply.
(2) DocCheck reserves the right to change these GTC at any time. Users will be notified of any changes without delay. If the user does not object to the intended change within one month of being notified of it, the changes are considered accepted by the user in question. Whenever users are notified of an impending change DocCheck will again draw their attention to the consequence of their behaviour regarding changes to the GTC.
(3) Cologne is the place of fulfilment and legal venue if the user is a merchant as defined by the Commercial Code, a corporate body under public law or a special fund under public law. DocCheck reserves the right, however, to institute legal action at the user’s general domicile as well. A possible exclusive legal venue will not be affected.
As at 04/2015