(1) The company Betty24 GmbH (hereinafter referred to as „Betty24“) provides a platform on www.betty24.de (hereinafter referred to as „the portal“), through which the participants make appointments with doctors and others can use the currently available services within the scope of the respective availability. Further information on the services can be found in the service description in § 7 and on the website www.betty24.de
(2) The present terms and conditions of use regulate the provision of the services by Betty24 and the use of these services by you as duly registered Attendees.
(3) Information about Betty24 can be found here www.betty24.de
Betty24 reserves the right to change these conditions of participation and use at any time with effect also within the existing contractual relationships. Betty24 will inform you of such changes in writing, by fax or by email at least 30 days before the planned entry into force of the changes. Unless you object within 30 days of receipt of the notification and continue to use the services after the objection period has expired, the changes will be deemed to be effectively agreed upon expiry of the period. In the event of your objection, the contract will continue under the previous conditions. In the change notification , Betty24 will inform you of your right to object and the consequences.
§ 3 definitions
(1) “Participant” in the sense of these participation and usage conditions means the natural person who uses the service offer for participants and who has registered for it.
(2) “Medic” in the sense of these terms and conditions of participation and usage means physicians, in particular doctors, dentists, orthodontists, naturopaths, physiotherapists, midwives (or associations of people as a practice), who use the services for doctors and who have registered for this.
§ 4 Registration as a participant
(1) Only private individuals can register as participants in the portal and create an online profile (hereinafter referred to as „profile“). Registration and the profile on the portal are free of charge. There is no legal claim to admission to the portal. At registration, participants must have unlimited legal capacity, agree to the terms and conditions of use and data protection regulations. Betty24 reserves the right to make registration dependent on the sending of a copy of the identity card. In principle, however , Betty24 is not obliged to check the identity and age of the participants. Each participant may only create one profile.
(2) Registration takes place by completing and sending the registration form on the portal. The data required for registration are to be provided completely and truthfully by the participant. When registering, the participant chooses a user name and a password. The username must not violate the rights of third parties, other naming and brand rights or common decency.
(3) The participant is obliged to choose a secure password. The participant has to keep the password secret. The participant is liable for the improper use of his profile by third parties if he is at fault. In this case, the holder of the profile has Betty24 indemnify from all damage caused by the improper and culpable use in accordance with § 17 paragraphs 2 and 3. After you have given all the requested data, Betty24 will check it for completeness and plausibility. If the information is correct from the point of view of Betty24 and there are no other concerns from the point of view of Betty24 , Betty24 switches Your requested access is free and you will be notified of this by email. The email is considered acceptance of your request to participate. As of access to the email, you are entitled to full use of the portal within the framework of these terms of participation and use. To do this, you must confirm your activation in advance by clicking on the link contained in the email.
§ 5 Update of participant data
You are obliged to keep your data (including your contact details) up to date. If there is a change in the data provided during the duration of your participation, you must correct the information in the personal settings on the portal immediately.
§ 6 termination of participation
(1) You can cancel your access to the portal at any time. Simply send us a short notification to firstname.lastname@example.org from the email address you used for your profile at Betty24.
(2) When the termination takes effect, the contractual relationship ends and you may no longer use your access. Betty24 reserves the right to block the user name and password when the termination takes effect.
(3) At the end of 30 calendar days after the termination becomes effective and after any statutory retention periods have expired, Betty24 will irretrievably delete all data created during your participation.
§ 7 Services and availability of services
(1) Betty24 provides you with different appointments and other services for temporary use on the portal. Such services can include making data, articles, image and sound documents, information and other content (hereinafter collectively referred to as „content“), the possibility to create individual profiles and by writing personal messages with the medical professionals to get in touch. The content and scope of the services are determined according to the respective contractual agreements, otherwise according to the functionalities currently available on the portal. Betty24 only provides one technical platform. Betty24 itself only enables communication between the participant and the doctor.
(2) The services available on the portal may also include third party services to which Betty24 merely provides access. Regarding the use of such services – each of which is identified as a third party service – different or additional regulations may apply to these terms and conditions of use, to which Betty24 will refer you in each case.
(3) Betty24 guarantees 99.9% annual availability of the portal in its area of responsibility. The regular maintenance windows of the web portal, which are between 2 a.m. and 4 a.m. every Sunday, are not included in the calculation of availability. In addition, there is a right to use the services available on the portal only within the technical and operational possibilities of Betty24 . Betty24 endeavors to ensure the uninterrupted usability of its services. However, temporary restrictions or interruptions can occur due to technical faults (such as an interruption in the power supply, hardware and software errors, technical problems in the data lines). Betty24 makes every effort to ensure that the confidentiality of the data is guaranteed even in such situations.
(4) If your access has been confirmed by a doctor, you can make as many appointments as you like. Until your confirmation, you can only make two appointments.
§ 8 changes to services
Betty24 is entitled at any time to change the services provided free of charge on the portal, to make new services available free of charge or against payment and to cease the provision of free services. Betty24 will take your legitimate interests into account.
§ 9 Responsibility for third party content
(1) The content available on the portal is mainly protected by copyright or other property rights and is in each case the property of Betty24 , the medical professionals or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database in the sense of Sections 4 (2) and 87a (1) UrhG. You may only use this content in accordance with these terms and conditions of use and within the framework specified on the portal.
(2) The content available on the portal partly comes from Betty24 and partly from other participants or other third parties or the medical professionals. Contents of the participants, other third parties or the medical professionals are collectively referred to as „third-party content“. For third-party content , Betty24 does not check for completeness, correctness and legality and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and timeliness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as it concerns third-party content on linked external websites. All content on the portal is third-party content, with the exception of content with a copyright notice from Betty24 are provided.
§ 10 Scope of permitted use, monitoring of usage activities, keeping appointments
(1) Your authorization to use is limited to access to the portal and to the use of the services available on the portal within the framework of the regulations of these participation and usage conditions.
(2) You are responsible for creating the technical requirements necessary in your area of responsibility for the contractual use of the services. Betty24 does not owe you any advice in this regard.
(3) Betty24 indicates that your usage activities can be monitored to the extent permitted by law. This may also include the logging of IP connection data and its evaluation by or on behalf of security authorities if there is a specific suspicion of a violation of the present terms and conditions of use and / or if there is a specific suspicion of any other illegal act or offense. Betty24 will always use the mildest agent and take your legitimate interests into account. Betty24 is aware that there is a legally protected medical-patient relationship.
(4) If you culpably fail to keep one or more appointments, this can be stored in your profile by the doctors and can be viewed by other doctors with whom you can make an appointment.
§ 11 posting your own content
(1) Insofar as functionality is available on the portal, you may post content on the portal in compliance with the following regulations and thus make it available to third parties.
(2) By posting content, you grant Betty24 a free and transferable right to use the respective content, in particular
– for storing the content on the Betty24 server as well as its publication, in particular its public accessibility (eg by displaying the content on the portal),
– for processing and reproduction, insofar as this is necessary for the provision or publication of the respective content.
Insofar as you remove the content you have posted from the portal, the right of use and exploitation granted to us expires. However, we remain entitled to keep copies made for backup and / or proof purposes. The rights of use already granted to the participants in the content you have posted also remain unaffected.
(3) You are fully responsible for the content you post. Betty24 does not check the content for completeness, correctness, legality, timeliness, quality and suitability for a specific purpose. They explain and guarantee to Betty24 because you are the sole owner of all rights to the content you have posted on the portal, or you are otherwise authorized (e.g. through an effective permission of the rights holder) to post the content on the portal and the usage? and grant exploitation rights in accordance with the preceding paragraph (2).
(4) Betty24 reserves the right to reject the posting of content and / or to edit, block or remove content that has already been posted without prior notice, provided that the posting of the content by the participant or the posted content itself have led to a violation of section 13 or there are concrete indications that a serious violation of section 13 will occur. Betty24 will, however, take your legitimate interests into account and choose the mildest means to avert the violation of § 13.
§ 12 Right to use the content available on the portal
(1) Unless further use is expressly permitted in these terms and conditions of use or on the portal or is made possible on the portal by a corresponding functionality (e.g. download? Button),
– you may only use the content available on the portal for personal use View and view purposes online. This right of use is limited to the duration of your contractual participation in the portal;
– You are forbidden to edit, change, translate, show or demonstrate, publish, exhibit, reproduce or distribute the content available on the portal in whole or in part. Likewise, it is forbidden to remove or change copyright notices, logos and other characteristics or protective notices.
(2) You are only authorized to download content („Download“) and to print out content if there is a possibility to download or print it out on the portal as a functionality (eg using a download button). You receive a perpetual and non-exclusive right to use the content that you have properly downloaded or printed out? For use for your own, non-commercial purposes. As far as content is concerned, which is provided to you as part of the basic membership, a further prerequisite for this granting of rights is the complete payment of the respective content. For the rest, all rights to the content remain with the original rights holder ( Betty24, Medical practitioner or the respective third party).
(3) Your mandatory legal rights (including reproduction for private and other personal use according to § 53 UrhG) remain unaffected.
§ 13 prohibited activities
(1) The services available to you on the portal are intended exclusively for non-commercial use. Any use for or in connection with commercial purposes is prohibited, unless such use was expressly permitted in writing by Betty24 . Illegal commercial use includes in particular
– all offers and applications for paid content, services and / or products, both your own and those of third parties,
– all offers, applications and implementation of activities with a commercial background such as competitions, raffles, barter transactions , Advertisements or pyramid schemes, and
– Any electronic or other collection of identity? And / or contact details (including email addresses) of participants (e.g. for sending unsolicited emails).
(2) You are prohibited from any activity on or in connection with the portal that violates applicable law, violates the rights of third parties or violates the principles of the protection of minors. In particular, you are prohibited from the following actions:
– the posting, distribution, offering and advertising of pornographic content, services and / or products that violate youth protection laws against data protection law and / or other law and / or fraudulent;
– the use of content that offends or defames other participants or third parties;
– the use, provision and distribution of content, services and / or products that are legally protected or encumbered with third party rights (eg copyrights) without being expressly authorized to do so.
(3) Furthermore, regardless of a possible violation of the law, you are prohibited from posting your own content on the portal and communicating with other participants and / or medical professionals (e.g. by sending personal messages or participating in discussion forums) :
– the spread of viruses, Trojans and other harmful files;
– the sending of junk or spam mails as well as chain letters;
– the dissemination of suggestive, offensive, sexually shaped, obscene or defamatory content or communication as well as such content or communication that is / is suitable to promote racism, fanaticism, hatred, physical violence or illegal acts or to support (either explicitly or implicitly);
– The harassment of the physician or other participants, for example by multiple personal contact without or against the reaction of the other participant or medical practitioner, as well as the promotion or support of such harassment;
– requesting other participants or medical professionals to disclose passwords or personal data for commercial or illegal or unlawful purposes;
– the distribution and / or public reproduction of content available on the portal, unless this is expressly permitted by the respective author or expressly made available as functionality on the portal.
(4) You are also prohibited from any action that is likely to impair the smooth operation of the portal, in particular to put excessive strain on the systems of Betty24 .
(5) If you become aware of any illegal, abusive, non-contractual or otherwise, such as unauthorized use of the portal, please contact Betty24 GmbH, Campus 9/5, 76646 Bruchsal. Betty24 will then review the process and take appropriate action if necessary.
(6) If there is suspicion of illegal or punishable acts, Betty24 is entitled and, if necessary, also obliged to review your activities and take appropriate legal steps if necessary. This may include the forwarding of facts to the public prosecutor.
Section 14 Blocking access
(1) Betty24 can temporarily or permanently block your access to the portal if there are specific indications that you have violated or have violated these terms and conditions of use and / or applicable law, or if Betty24 has another legitimate interest in the Blocking has. When deciding on a block, Betty24 will take due account of your legitimate interests.
(2) In the event of temporary or permanent blocking, Betty24 blocks your access authorization and notifies you of this by email.
(3) In the event of a temporary suspension, Betty24 reactivates After the blocking period has expired, the access authorization and notifies you of this by email. A permanently blocked access authorization cannot be restored. Permanently blocked people are permanently excluded from participating in the portal and may not log on to the portal again.
§ 15 data protection and data security
(1) One of the quality requirements of Betty24 is to handle the personal data of the participants in accordance with the law. The personal data resulting from your registration on the portal and from the use of the available services is therefore only collected, stored and processed by Betty24 insofar as this is necessary for the contractual performance and permitted by legal regulations, or by the legislator is arranged. Betty24 will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.
(2) In addition, Betty24 uses Your personal data only if you have expressly consented to this. You can withdraw your consent at any time.
(3) Details of the data protection regulations of Betty24 can be found in the data protection declaration .
(4) Betty24 places high demands on the data security and data integrity of its IT systems, on which the portal and the data of the participants and the doctors are stored. The state-of-the-art IT systems from Betty24 are operated safely and protected against attacks. The locations of the IT systems including the backup systems are in Europe.
§ 16 Limitation of Liability for Free Services
(1) Should you suffer any damage through the use of services made available free of charge on the portal (including the retrieval of free content), Betty24 is only liable in the event of intent (including malice) and gross negligence on the part of Betty24 .
(2) The above limitation of liability does not apply in the case of malice, in the case of bodily injury or personal injury, for the breach of guarantees and for claims from product liability.
§ 17 release from liability
(1) You release Betty24 from all claims that third parties assert against Betty24 . The aforementioned release from liability includes claims by third parties due to an infringement by you on the portal.
(2) You also have to bear the necessary costs of legal defense, as well as all court, legal and patent attorney fees incurred. The costs are limited to the statutory amount according to the GKG and RVG. You do not have to bear the costs incurred if you are not at fault for the infringement.
(3) If Betty24 is used , you will be informed and have Betty24 provide adequate, free of charge and to the best of our knowledge support in legal defense, in particular by providing documents and information.
§ 18 cancellation policy right of cancellation
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email). The period begins after receipt of this instruction in text form, but not before the contract is concluded and also before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations in accordance with § 312e paragraph 1 sentence 1 BGB in Link with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation in good time.
The revocation must be sent to:
consequences of Withdrawal
In the event of an effective revocation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If you cannot return the received performance to us in whole or in part or only in a deteriorated condition, you may have to compensate us in this respect. This can mean that you still have to fulfill the contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation, for us upon receipt.
Your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of revocation
§ 19 Written form requirement
Unless expressly stated otherwise in these terms and conditions of use, all declarations made when participating in the portal must be made in writing or by email. Betty24 ’s email address is contact @ betty24.de. The postal address of Betty24 is Betty24 GmbH, Campus 9/5, 76646 Bruchsal. Contact details are subject to change. In the event of such a change, Betty24 will notify you of this.
§ 20 Salvatotic clause
If a provision of these terms and conditions of use should be or become ineffective, the legal validity of the remaining provisions remains unaffected. Instead of the ineffective provision, the parties will mutually agree on a provision that comes as close as possible economically to what the parties intended.
§ 21 Applicable law
These terms and conditions of participation and use are subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods (CISG).
§ 22 place of jurisdiction