General Terms and Conditions for Using the askgermandoc.com Web Platform and Obtaining a Medical Second Opinion
I. Parties and Scope of Application
These General Terms and Conditions, as in effect at the time of submitting an offer, govern the contractual relationship between DTI-Deutsche Telemedizin Institut Unternehmergesellschaft (haftungsbeschränkt) (Limited Liability Entrepreneurial Company "German Institute for Telemedicine," hereinafter referred to as "German Institute for Telemedicine"), registered at Ratsweg 9, 41472 Neuss, entered in the Düsseldorf Commercial Register under number 87149, represented by its Managing Director, Javid Aliyev, and an adult individual (hereinafter referred to as the "User").
These General Terms and Conditions apply without exceptions. Deviating or contradictory terms will not be accepted by the German Institute for Telemedicine unless it provides written consent.
II. Subject of the Agreement
The German Institute for Telemedicine enables the User to obtain a second opinion or video consultation from one of the reputable German doctors (hereinafter referred to as "Doctor") via the askgermandoc.com web platform (hereinafter referred to as "Web Platform").
The German Institute for Telemedicine arranges the entire process of preparing a second opinion or conducting a video consultation. The Web Platform features doctors from various specialties. Users have the option to make an offer to one of these doctors to conclude an agreement for a second opinion or subsequent video consultation. To submit an offer, the User must fill out a questionnaire on the Web Platform with information about the individual and their illness, upload all necessary documents (scans, X-rays, MRIs, videos, lab results, etc.) to the Web Platform, register on the Web Platform, and pay for the preparation of the second opinion and, if applicable, the subsequent video consultation.
The German Institute for Telemedicine reviews the completed questionnaire and uploaded documents for completeness and usability, organizes translation of the User’s questionnaire and documents by a translator and has the translation checked by another translator; forwards the translated questionnaire and accompanying documents to the chosen doctor; informs the User of the doctor’s acceptance or rejection of the offer; organizes translation of the second opinion by a translator if necessary, and has it checked by another translator; forwards the original version and translation of the second opinion to the User; and organizes a video consultation with the User if needed. The German Institute for Telemedicine also arranges payment transactions among all participants in the process.
III. Conclusion of the Agreement
The User may select a doctor from the list of doctors on the Web Platform and submit a request to conclude an agreement for a second opinion or video consultation by clicking the “Order Second Opinion” or “Order Video Consultation” button. The request (offer) can only be submitted and forwarded if the User has accepted these Terms by clicking the "Accept Terms" button, thereby including them in the offer.
After this, the German Institute for Telemedicine sends the User an automatic confirmation of receipt of the request, specifying the selected doctor and which the User can print using the "Print" function. This automatic confirmation only serves as documentary proof that the German Institute for Telemedicine has received the User’s request and does not constitute an acceptance of the agreement. The agreement is considered concluded after the German Institute for Telemedicine accepts the User’s request under the requirements specified in section IV.2. of these Terms, which is sent to the User in a separate email (order confirmation). In this email or a separate email, the German Institute for Telemedicine also sends the User the contract text (consisting of the User’s request, these Terms, and the order confirmation) (confirmation of contract conclusion). The contract text is stored in accordance with data protection requirements.
The German Institute for Telemedicine may accept or reject the User's request within three days from receipt of the request. If the request is neither confirmed nor rejected within this period, the User may withdraw from the contract. In such a case, the statutory rights to withdrawal from the contract remain unaffected. The German Institute for Telemedicine shall promptly refund the User’s payment.
IV. Agreement for Providing a Second Opinion
The agreement to prepare a second opinion and, if applicable, a subsequent video consultation, is concluded exclusively between the User and the Doctor. A sample agreement for preparing a second opinion is included in Appendix I of these Terms.
The agreement for the second opinion and, if applicable, a subsequent video consultation, is concluded by submitting the User’s request, paying the service fee on the Web Platform, and the Doctor’s acceptance to prepare the second opinion. The User will be promptly informed by the German Institute for Telemedicine about the Doctor’s acceptance or rejection. Acceptance or rejection by the Doctor is considered received by the User upon receipt by the German Institute for Telemedicine.
If the Doctor refuses to provide the requested second opinion, the German Institute for Telemedicine will fully and promptly refund the amount paid by the User.
V. Costs and Payment Terms
All prices listed on the Web Platform include applicable VAT.
The total cost of preparing the second opinion and, if applicable, the subsequent video consultation, is displayed to the User in euros. The cost includes:
- The Doctor’s fee for preparing the second opinion and, if applicable, conducting the subsequent video consultation.
- The German Institute for Telemedicine’s fee for operating the Web Platform; checking the completeness and usability of the request and uploaded documents; translation services, and other services, specifically communication with the User.
Payment is considered complete only when the German Institute for Telemedicine has the free and unconditional right to dispose of the payment amount.
The User can make the payment using credit cards, bank transfers, PayPal, and other payment methods offered on the Web Platform.
The fee for the services of the German Institute for Telemedicine and for preparing the second opinion, including, if applicable, the subsequent video consultation, is charged at the time of the User’s request submission (offer).
VI. User’s Obligations
The User is required to store their access data securely to prevent unauthorized third-party access to their account.
If an agreement for a second opinion is concluded between the Doctor and the User, the User may contact the Doctor only through the German Institute for Telemedicine while the second opinion is being prepared.
VII. Obligations of the German Institute for Telemedicine
The German Institute for Telemedicine is committed to treating Users' data confidentially in accordance with the Data Protection Policy.
The User's questionnaire and documents will be reviewed, translated into German or English, uploaded to the Doctor's personal account, and delivered to the Doctor within three business days from the date the User’s payment is received. This period is suspended if any incompleteness or unsuitability is detected during processing, in which case the German Institute for Telemedicine will promptly notify the User of the issue. The period will resume once the issues have been resolved by the User.
No later than two business days after receiving the second opinion from the Doctor, the German Institute for Telemedicine will have it translated into the original application language and delivered to the User.
Business days are Monday through Friday, excluding public holidays at the German Institute for Telemedicine’s registered office location.
VIII. Consumer’s Right to Cancel the Contract
If the User is a consumer under § 12 of the German Civil Code (BGB), they have the right to cancel the contract. A notice of the right to cancel and the statutory cancellation form are provided in Appendix II of these Terms.
IX. Liability
Claims for damages by Users are excluded. This excludes claims by Users for damages resulting from injury to life, body, or health, or from breach of essential contractual obligations (primary contractual obligations), and for damages caused by intentional or grossly negligent breach of duties by the German Institute for Telemedicine, its legal representatives, or agents. Essential contractual obligations are those necessary to achieve the purpose of the contract.
If essential contractual obligations are breached, the German Institute for Telemedicine is liable only for foreseeable damage typical of the contractual relationship caused by ordinary negligence unless the User’s claim is based on injury to life, body, or health.
The limitations in clauses 1 and 2 also apply to legal representatives and agents of the German Institute for Telemedicine if claims are made directly against them.
The Doctor is not an agent of the German Institute for Telemedicine. Claims arising in connection with the second opinion or video consultation should be made against the Doctor. The liability provisions for Doctors are contained in the agreement for preparing a second opinion or video consultation (Appendix I).
X. Data Protection
Users’ personal data is collected, processed, and used exclusively to prepare the requested second opinion or conduct the video consultation, as well as to generally improve services on the Web Platform. Data is shared with contractual translators for translating the questionnaire and accompanying documents and with the Doctor to prepare the requested second opinion. The data provided by the User includes health information, which is personal data of a special nature under §3 Para. 9 of the German Federal Data Protection Act (Bundesdatenschutzgesetz). Collection and use of this data are permitted based on the User's consent. Information about consent and the consent form are provided in Appendices III and IV to these Terms.
Users’ personal data will not be disclosed to other third parties without their permission.
The User has the right to request changes, suspension, or deletion of their personal data at any time.
XI. Applicable Law, Jurisdiction, Form, and Severability Clause
The contract is governed by German national law, except where the Vienna Convention on Contracts for the International Sale of Goods 1980 and international private law apply.
Disputes arising from this contract shall be resolved by the competent court at the German Institute for Telemedicine’s registered office, unless otherwise provided by law.
All statements made in connection with this contract and the agreement for preparing a second opinion must be made by email.
If any provision of these Terms is invalid or becomes so, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely reflects the intentions of the parties. This rule applies to matters not covered by these Terms.
XI. Amendments to these Terms
These Terms may be amended by the German Institute for Telemedicine at any time without justification. In such cases, the German Institute for Telemedicine will notify the User of the changes via email. The User may object to the changes within two weeks.