Preliminary Remarks
DocCheck Community GmbH, Vogelsanger Straße 66, 50823 Cologne (DE), entered in the Commercial Register of Cologne District Court under HRB 31152 (hereinafter “DocCheck”), provides an online service for health care practitioners. This service enables users to offer their own information channels and to subscribe to the channels of other users, whose latest content is displayed on a personalised homepage and delivered as an eMail summary (“DocCheck News”). DocCheck also integrates password protection (“single sign-on”) on third-party websites (e.g. companies) containing information for health care practitioners, assigning passwords for users and verifying their identities when they want to access password-protected websites. DocCheck also offers the opportunity to participate in market research studies focussing on health-related topics. In this way, DocCheck links providers and users of specialist medical information and/or therapy/treatment options. DocCheck services are provided via websites (e.g. doccheck.com, doccheck.de, flexikon.de, etc.), as well as via various sub-domains and aliases of these domains and via mobile apps, online services and links or third-party tie-ins (e.g. via iFrame).
DocCheck is financed via access certification, advertising, e-commerce and market research.
Definitions
Section 1: Subject of the Agreement
The subject of these General Terms and Conditions is the use of DocCheck websites and services, in particular:
Section 2: Users, Registration, DocCheck Password, User Account
(1) DocCheck services may only be used by natural persons of full legal capacity or by legal entities. Generally speaking, it is necessary to register with DocCheck prior to using DocCheck services. The use of some services is reserved for health care practitioners or those who are training in one of the health care professions, as well as employees in the pharmaceutical industry or companies providing services to the pharmaceutical industry (all of which are hereinafter referred to as “users”). DocCheck can and will request the relevant evidence (e.g. professional certificate) – depending on the DocCheck service and the areas and external websites to which access is needed. This evidence must be provided electronically (eMail or upload) or via fax and will be saved by DocCheck for the purpose of documenting the user’s occupation.
(2) DocCheck reserves the right to refuse the registration or activation of a user. Therefore, there is no right to registration or activation.
(3) Each user may only register once. DocCheck must be informed of any superfluous user accounts immediately.
(4) Users can register on the DocCheck website (https://www.doccheck.com/register/). The data requested during registration must be provided truthfully and in full.
(5) Generally speaking, users will be informed via eMail of their registration and the activation of their own password (DocCheck password) and will be able to use DocCheck services following successful registration and activation.
(6) Upon registration, DocCheck will set up an account for the user. A public user profile is created displaying the form of address, first name, surname and occupation of the user in a directory on the DocCheck website. Users can upload additional profile data, content and files as they wish. Users can also state which data may be viewed publicly or by other DocCheck users.
(7) DocCheck offers users the option of setting up an applicant profile that is either attributed to their name or pseudonymous. The data entered or uploaded while creating the applicant profile may be viewed by third parties (e.g. employers). These third parties can then contact the user via eMail or via a contact form. Users can adjust their profile settings to reflect which information they want to be visible to third parties. Data entered or uploaded as part of an online job application can be sent electronically by the user in order to apply for a job displayed on the DocCheck website.
(8) The user authorises DocCheck to save all profile data provided and all content uploaded until the user revokes this authorisation, and to publish this data or content in compliance with the visibility settings selected by the user. Users specifically consent to any profile data or files that they have marked as “public” to be displayed on the DocCheck website without access restrictions, and thus also to third parties that do not have their own DocCheck account. These accessibility settings can be changed by the user at any time under their profile settings. Comments referring to content published on DocCheck websites can be viewed by the public. Here, the user has the option of using a pseudonym for posting comments.
(9) The user also consents to profile data and content marked as “public” being retrieved and listed by search engines. These retrievability settings can be changed by the user at any time under their profile settings. The user is aware, however, that profile information and content already listed in search engines may continue to be displayed even after the relevant settings have been changed in DocCheck. In general, user comments referring to content published on DocCheck websites can be retrieved by search engines.
(10) The user shall only upload to DocCheck photos of his or her person that allow for clear identification and that reflect his or her current appearance. The user guarantees that the public display of any photos he/she has provided is permitted on DocCheck websites. Sending photos or illustrations of other, or non-existent, persons or other beings (avatars, animals, fantasy characters, etc.) is not permitted.
(11) Any registered user has the right to terminate his or her registration with future effect. DocCheck may terminate the registration with one month’s notice or terminate the user relationship. The right to termination for cause remains unaffected. Good cause shall be deemed to exist in cases where the user is in serious breach of these Terms and Conditions (e.g. providing incorrect information during registration, unauthorised sharing of the DocCheck password or misuse of DocCheck services), where the user withdraws or significantly restricts his/her consent to the processing of personal data, or is in violation of the governing law in terms of the use of DocCheck services. The DocCheck password shall remain activated for as long as it is required for the purposes of contract handling. DocCheck will delete the user’s personal data if it is no longer required. The DocCheck Data Privacy Policy applies.
(12) As soon as a condition for the use of individual DocCheck services (e.g. professional affiliation) is no longer met, the right to use the DocCheck password is terminated automatically. The user is obliged to inform DocCheck immediately of any changes or the omission of any data required at registration.
(13) DocCheck reserves the right to delete the accounts of users who
DocCheck will inform the user – where possible – before deleting an account.
(14) If a user enters into a contractual relationship with DocCheck not as a contractor in the sense of Section 14 of the German Civil Code [BGB] acting in a commercial or self-employed professional capacity (for example, as a self-employed doctor or employee of a doctor’s surgery/hospital as part of his/her duties there) but as a consumer in the sense of Section 13 BGB, his/her rights as a consumer are not restricted by these Terms and Conditions.
Section 3: Usage of Data, Data Privacy
DocCheck attributes a high priority to data protection. The data privacy policy describes in detail how users’ personal data is used within the context of this contract, while the use of cookies is described in the cookie notices. The user has extensive rights in terms of his/her data, which are detailed in the data privacy policy. DocCheck will only share personal data with third parties if the user has provided express prior consent.
By accepting these Terms and Conditions, the user consents to the use of his/her data as explained in detail in the data privacy policy and the cookie notices, in line with Article 6 (1), item 1a) of the General Data Protection Regulation (GDPR). This consent may be revoked in writing at any time.
Section 4: Use of the DocCheck Password, Access
(1) The DocCheck password enables the user to access DocCheck services and the protected areas of various websites and apps that require a password (“single sign-on”). In order to be able to use this function, it is necessary to share pseudonymised personal data. The user consents to this by recognising these Terms and Conditions. For more details, please see the data privacy policy.
(2) The amount of information and functions to which access is granted as a result of the DocCheck password depends on the profession of the user and may vary by professional category. If the user does not provide evidence of their professional affiliation, access is restricted. Neither registration nor providing evidence of professional affiliation results in the right to access all information and functions that are protected by a DocCheck password.
(3) The extent of access to the DocCheck website is based on the Terms and Conditions as published here, and the judgement of DocCheck, which pursues the aim of unhindered interdisciplinary dialogue.
(4) The extent of access to third-party information that is protected by the DocCheck password is based on the Terms and Conditions of Business and/or Use of the third parties. The user must resolve any objections to third-party Terms and Conditions of Use with the third party. The user is not authorised to instruct DocCheck to forward complaints to operators of external web pages. DocCheck will not act as a mediator between the user and the site operator.
(5) The user is obliged to utilize his/her DocCheck password for personal use only and to protect it from unauthorised access by third parties. The user alone bears responsibility for any unauthorised access. The user indemnifies DocCheck from all costs and claims by third parties that may result from any breaches of these obligations.
Section 5: eMails
(1) In order to be able to offer the DocCheck password service to users for free, all information relating to user data, the password and user’s customer account, for example, is communicated by eMail (“account eMails”). The user consents to this by accepting these Terms and Conditions. It is only possible to unsubscribe from account eMails by cancelling the registration.
(2) DocCheck offers the user the option of being informed via eMail about specific activities on the DocCheck website, such as following discussions, a job profile or another specific asset (“alert eMails”). These eMails are only sent if the user consents by clicking on a button on the DocCheck website.
(3) DocCheck will inform the user regularly of news regarding the DocCheck channels to which the user is subscribed. To this end, DocCheck will send a summary of these news via eMail (“DocCheck News”). DocCheck News contain brief teasers and links to current information published on the various channels, as well as medical news editorially created by DocCheck. The composition of DocCheck News is generally influenced by the interests of the user and how they follow and unfollow DocCheck channels. It is therefore primarily controlled by the user. DocCheck News may also contain a small amount of advertising in the form of advertorials, as well as display advertising (banners, text links) or invitations to take part in the latest surveys. The user agrees to receive DocCheck News by clicking on the note above the “sign up” button on the registration page.
(4) With the exception of account eMails, the user can unsubscribe from all eMail types listed under (2) and (3) by clicking “Unsubscribe” in the eMail footer (rule of simplicity) or by adjusting his or her eMail settings on the user profile page. When you have unsubscribed from DocCheck News, you will no longer receive any other eMails of this kind. For “alert eMails”, unsubscribing only unsubscribes you from the asset you are following.
Section 6: bMails
(1) DocCheck also sends what are known as bMails where the attention of a user is required for its own interests (e.g. presentation of new functions, own studies) or for third-party interests (e.g. product information, product advertising, invitation to take part in market research studies). They are always identified by the subject line “DocCheck bMail”. In contrast to the eMails mentioned under Section 5, the user - on some bMails - may be offered to receive minor compensation paid into their DocCheck customer account (Section 10) to compensate the user for the work and infrastructure costs resulting from the provision of an internet connection and for receiving bMails.
(2) The user consents to receiving bMails by actively clicking on the relevant check box during registration. Alternatively, the user can provide consent after registration by adjusting his or her eMail settings on the user profile page. bMails may include the following content:
(3) In case a compensation is offered, the compensation will only be paid for eMails that are opened by the user and where the opening is confirmed by clicking on the link at the end of the eMail. After receiving a DocCheck bMail, the user has a maximum of 14 days to click on the aforementioned link to confirm that the bMail has been read. After this time, the confirmation link expires.
(4) The user has the option of donating the compensated amount to a charity. Because these amounts are very small, no donation receipts will be issued for organisational reasons.
(5) The user can unsubscribe from bMails by clicking “Unsubscribe” in the eMail footer (rule of simplicity) or by adjusting his or her eMail settings on the user profile page. No distinction is made between different types of content here. Instead, no more bMails of any kind will be sent. It is possible to resubscribe under eMail settings on the user profile page.
Section 7: inMails
(1) DocCheck offers users the service of sending and receiving messages via the DocCheck platform (“inMail”). Users or channels may potentially send or receive messages. The prerequisite for sending inMails to other users is that both users follow each other. inMails remain in the user’s inbox on the DocCheck platform. Upon request, the user may also choose to be informed about inMails via “alert eMails”.
(2) In addition to personal messages from other users and messages from the channels, the user consents to DocCheck sending the content listed under Section 6 (2) to his/her inMail inbox. No compensation is received from DocCheck in such cases because DocCheck provides all necessary infrastructure.
Section 8: b2bMails
(1) In place of bMails, DocCheck offers employees from the pharmaceutical industry, the medical technology industry and other sectors eMails known as b2bMails. b2bMails inform the recipient about opportunities to advertise products and services on DocCheck, or to carry out market research studies in partnership with DocCheck.
(2) The user consents to receive b2bMails by actively clicking on the relevant check box during registration. Alternatively, the user can provide consent after registration by adjusting his or her eMail settings on the user profile page. No compensation will be paid for receiving b2bMails.
(5) The user can unsubscribe from b2bMails by clicking “Unsubscribe” in the eMail footer (rule of simplicity) or by adjusting his or her eMail settings on the user profile page. It is possible to resubscribe under eMail settings on the user profile page.
Section 9: Market Research
(1) As part of “DocCheck Research”, DocCheck offers the user the option to take part voluntarily in scientific studies for the purposes of market research, opinion polling and social research (“market research”). It is not necessary to register with DocCheck in order to take part in these studies. Users registered with DocCheck will receive invitations to take part in surveys if they have agreed to receive bMails (see Section 6) or by following links on the DocCheck website. Users not registered with DocCheck are recruited via alternative means, in observance of the data privacy and market research guidelines (e.g. by partner institutes, on the basis of address lists suitable for market research, business directories, or similar). The studies are generally carried out as online surveys. Sometimes they are combined with personal questionnaires, such as via video call, in the studio, or by phone.
(2) The relevant participants for a study (such as doctors, pharmacists, patients, consumers or citizens) are determined based on the study design, such as via randomised quota samples from the DocCheck user database or other address lists. Sometimes, these sources are used in combination. In the case of outsourced market research, the pool of participants may be restricted based on the specific requirements of the client. A high degree of representativeness is essential when carrying out scientific studies. In order to give all relevant study participants in a sample the chance of taking part in a survey, DocCheck Research uses various channels in order to issue invitations to take part and to remind users to participate during the field phase (“reminder”).
The aim is to give all those in the sample group the opportunity to take part in the study and thus to achieve the highest, most representative response rate.
(3) For doctors who hold professional positions or who are public officials, the presence of an employer’s approval (Dienstherrengenehmigung, DHG) is a prerequisite for taking part in surveys if these are to be remunerated. The participant bears the responsibility for obtaining such approvals. Evidence of the relevant approval must be submitted to DocCheck if requested, provided participation in a survey requires a DHG.
(4) The user may receive compensation for duly taking part in DocCheck market research studies. The compensation is based on the approximate amount of time, as well as the infrastructure, required to complete it. The user is informed about the amount in connection with the survey. If the user is invited directly to take part in the study by DocCheck, the compensation is managed and paid out by DocCheck. Here, the user has the option of donating the compensated amount to a charity. Because the compensation of study participants is transferred by DocCheck as a cumulative donation and the individual donors remain anonymous, no donation receipts can be issued for the users by the beneficiaries. If the user is invited to take part in the study by a partner institute, the conditions of the partner institute apply in terms of processing any compensation.
(5) Each user is only entitled to take part once per survey.
(6) Participating in surveys from DocCheck Research is voluntary and anonymous, in compliance with data protection legislation and the guidelines of the ADM [Arbeitskreis Deutscher Markt- und Sozialforschungsinstitute e.V.].
(7) In some studies, participants may be asked to take part in follow-up surveys, such as with regard to specific expert experiences or with regard to issues of drug safety. In these studies, participants will be asked at the end of the survey if they consent to being contacted again and to receive other information, potentially after surrendering their anonymity (“open panel”). Participation in these surveys is voluntary and subject to the express prior agreement of the user.
Section 10: Customer Account
(1) A DocCheck customer account is automatically set up when a user registers with DocCheck. It serves to record and document any remuneration claims by the user that the user is entitled to through various DocCheck services. The DocCheck customer account is not a bank account. It is not possible to conduct bank transfers or other payments to third parties using the customer account.
(2) Remuneration claims acquired by the user from DocCheck are interest-free.
(3) The remuneration claims recorded and documented in the DocCheck customer account shall be transferred via bank transfer to the bank account set up by the user on the user profile page within 21 days of the end of each half-year. If the amount accumulated during this time is less than EUR 25, or if no bank account has been appointed, the amount will not be transferred but carried over into the subsequent quarter. Payments are only made to German bank accounts or accounts that can handle a SEPA bank transfer. In order to conduct a SEPA transfer, it is necessary to provide an IBAN and Swift/BIC number.
(4) DocCheck receives a one-off transaction fee of EUR 0.50 for each transfer. DocCheck deducts the transaction fee from any user remuneration claims.
(5) The user can view their remuneration balance at any time via the DocCheck website. The website can be accessed using the DocCheck password.
(6) The user bears sole responsibility for ensuring the proper taxation of any remuneration.
(7) The user can only close his/her DocCheck customer account by canceling their DocCheck registration. Users can, however, delete their bank details at any time. Any claims to remuneration still pending at the time the user terminates their registration, will be transferred to the user insofar as they exceed the amount of ten euros. The user conclusively declares the waiver of any remaining credit that does not exceed the amount of ten euros by terminating his/her DocCheck registration. DocCheck hereby accepts that waiver.
(8) If it is not possible to pay out the balance on the DocCheck customer account as a result of incomplete or incorrect bank details, the balance shall expire in accordance with statutory provisions.
Section 11: User-generated content award
(1) DocCheck members can receive a reward for the creation of selected comments and postings. The DocCheck editorial team decides which content is being rewarded at its own discretion. The respective criteria leading to any decision does not have to be disclosed to the public.
(2) On the DocCheck page, rewarded content is marked with a red heart visible to other members. Subject to modifications and errors.
(3) The author of the rewarded content will receive a cash reward to his/her DocCheck customer account. DocCheck reserves the right to change the amount of the cash reward at any time. This cash reward is a voluntary payment by DocCheck. There is no legal claim for repetition. In case of rewarded content being deleted within 14 days after receiving the reward, the reward must be refunded to DocCheck. The refund is made by offsetting the cash reward with the credit balance on the user’s DocCheck customer account.
Section 12: Uploading Files, Granting of Usage Rights
(1) Users have the option of setting up and uploading various content (“assets”) on the DocCheck website, as well as entering into a dialogue with other users about this content. This includes, for example, photos, photomicrographs, images derived from medical imaging technologies, 3D images, graphics, diagrams, animations, videos, text documents, scientific studies, presentations and other forms of digital content. DocCheck will only use such assets for various purposes within the scope of DocCheck services and will make them available to other users.
(2) When setting up assets on the DocCheck website, the user is obliged to respect third-party rights, specifically personal privacy rights, copyright and trademark law. Assets that infringe upon these rights may not be uploaded to the website. DocCheck bears no responsibility or liability for the user’s compliance with these obligations. The user alone bears responsibility for implementing the desired/correct legal settings when uploading/integrating content (e.g. CreativeCommons for the Flexikon, commercial use, etc.) and the proper visibility settings.
(3) The user is also obliged to check, prior to setting up assets, whether the asset contains personal data attributed to the user or third parties. Specifically, the user may not publish any confidential patient data within the scope of DocCheck services. The user is obliged to check each asset carefully to ensure that data/text/images/videos are obscured in such a way that it is not possible to attribute them to third parties, affected persons (specifically patients/study participants or similar), and that there is no infringement of their data privacy rights. If the user purposefully or accidentally publishes any personal data in a publicly accessible asset that is open to specific groups of users, DocCheck cannot be held liable.
(4) In order to facilitate the use of DocCheck services and the interaction and sharing of assets in the manner described above, and in order to turn the DocCheck services into a living platform for expert and interdisciplinary dialogue, the user permits DocCheck to use any assets set up by the user within the scope of DocCheck services and to edit them, particularly for brevity, to summarise them or to rearrange them at any time and without prior consent. As such, the user grants DocCheck all necessary rights to the assets and their modification, specifically, all necessary copyrights, personal property rights (provided this is legally permissible), trademark rights, etc., free of charge. These rights are still retained by DocCheck even if the user’s account is no longer in use, or has been deleted. The above rights include, specifically, the right to make content and editing publicly accessible, to reproduce it, distribute it, to sub-licence it to third parties, and to broadcast or transmit it. The user waives his or her entitlement to be named as the originator and/or declares that such a waiver has also been obtained from third parties where necessary.
(5) Users have the option of selecting whether content uploaded by them should be published under a “Creative Commons” licence (such content is also referred to hereinafter as “CC content”). If this option is selected, DocCheck is also fully entitled under the Creative Commons licence to use such content for its own purposes, to adapt, edit and evaluate the content – both for commercial and non-commercial purposes, and without DocCheck being obliged to pay any remuneration for it (including in cases of use such as those described in Section 10, item 8).
(6) Regardless of whether content is uploaded to the platform as CC content, DocCheck is entitled to use and make publicly accessible/broadcast all user content, specifically (but not exclusively) as follows, within the scope of the DocCheck services:
(7) Where DocCheck intends to use content that has not been set up as CC content for billable products within, or beyond, the scope of DocCheck services for its own or external purposes, DocCheck will conclude a relevant agreement with the user that will incorporate an appropriate financial settlement for granting the usage rights (e.g. via an Author’s Agreement).
(8) DocCheck will – where possible – forward licensing enquiries from third parties regarding content in the DocCheck services to the user. Unless otherwise agreed, the user shall negotiate the details and terms of such agreements with the third party directly. DocCheck is neither the contractual party of the user nor of the third party in such contexts and also shall not act as a vicarious agent for either party. DocCheck shall – within reason – undertake to mediate between the parties, if necessary. DocCheck reserves the right, however, to establish a service for the negotiation of licensing rights, subject to commission.
(9) Special provisions apply to content that the user contributes or uploads to the DocCheck “Flexikon” service. These provisions can be read at flexikon.doccheck.com/Flexikon:Nutzungsbedingungen. The user accepts these provisions at the latest when publishing their first contribution in the “Flexikon”.
(10) The user grants DocCheck the right to employ or carry out advertising and/or other promotional measures alongside publicly accessible content, as well as during its use. The user also entitles DocCheck to use the content published by him/her for advertising purposes beyond the scope of the DocCheck services, regardless of whether such content is classed as CC content or not.
(11) DocCheck is authorised to block and delete content, specifically such content that violates the conditions under Section 11 items 2 and 3, that is of commercial/promotional character (such as advertising a medicine or a treatment), that violates legal requirements and professional standards or regulations pertaining to the press, that makes statements that are scientifically untenable or misleading, unethical or offensive content, or content that could damage DocCheck.
Section 13: User Obligations
(1) The DocCheck services are provided for health care practitioners, as well as partially for study purposes, i.e. particularly for medical students and people training in one of the health care professions. Restrictions in terms of access and usage options result in particular from the user’s professional category and from the applicable laws and regulations. The user is prohibited from making commercial use of DocCheck services outside of the scope of this contract without the prior express consent of DocCheck, i.e. outside of the DocCheck services provided to the user based on their work as a health care practitioner. Access may not be resold, transferred to third parties either for free or for a fee, or used in any other way with a view to making a profit. In these Terms and Conditions, commercial use does not include use by health care professionals as intended for professional purposes.
(2) The user is obliged to ensure that uploaded data does not include any malicious code (viruses, etc.). DocCheck can delete data infected with a virus without this giving rise to any claims for the user. Furthermore, the user is prohibited from uploading any illegal or otherwise unlawful content (e.g. advertising, racist statements or pornography).
(3) The user is obliged to declare any content that may be subject to the provisions of the law on advertising in the healthcare sector [Heilmittelwerbegesetz, HWG], so that DocCheck can ensure that the content is only made accessible to the groups of people defined by the HWG (certified health care professions).
(4) The user must not engage in personal attacks on other users within DocCheck services and must respect the opinions of other users (“netiquette”).
(5) The DocCheck services are not an archive-based system. There are therefore no guarantees that the systems will be available continuously or permanently. DocCheck does not always make back-ups of any data transmitted to DocCheck within the scope of DocCheck services, so users must undertake to protect themselves independently against any loss of data. We do not recommend using DocCheck services as the only location for storing data.
(6) The user shall only use DocCheck services and associated services as intended and only within the scope of the applicable laws and these Terms and Conditions. The user shall not violate any laws by using the services or with the aid of the services provided by DocCheck. The user bears sole liability for the violation of any laws by the user.
Section 14: Prohibited Activities Within the Scope of DocCheck Services
(1) The following activities or actions are prohibited to users within the scope of DocCheck services:
a) Sending chain letters
b) Sending identical private messages to multiple users at the same time
c) Carrying out, offering rewards or promoting pyramid schemes (such as multi-level marketing or multi-level network marketing) or
d) Obscene or overtly sexual communication (explicit or implicit)
e) The use of mechanisms, software or scripts in conjunction with the use of DocCheck websites. The user may use interfaces or software as offered within the scope of the DocCheck services available on the DocCheck websites.
f) Automatic extraction and saving of user data – even if it is publicly accessible.
g) Blocking, overwriting, modifying or copying, provided this is not necessary for the proper use of the services on DocCheck websites. Copying by means of robot or crawler search engine technologies is not required, for example, for the proper use of the services on DocCheck websites and is therefore expressly forbidden.
h) Dissemination and publication of content from DocCheck websites or from other users
i) Any action that serves to restrict the functionality of the DocCheck infrastructure, particularly to overload it.
(2) Separate General Terms and Conditions of Business may apply to individual DocCheck services, which come into force in addition to these Terms and Conditions of Business when users avail themselves of the relevant service.
Section 15: Legal Guarantee / Exemption / Liability of the User
(1) The user bears sole responsibility for all content uploaded to the DocCheck services. DocCheck merely offers DocCheck services as a platform for users and does not take ownership of the content. The user guarantees that he/she has a right to full access to this content, that the content is not illegal and that he/she is authorised to grant the usage rights as defined in Section 11 to DocCheck. He/she shall not violate the rights of third parties and guarantees that all necessary rights and permissions have been obtained from third parties. He/she exempts DocCheck from any claims made by third parties against DocCheck based on statements that content/behaviour/actions of a user have violated third-party rights unless the content was modified by DocCheck and the claims brought rest solely on this modification by DocCheck. This includes appropriate costs for legal representation. The above provision shall apply in cases of claims made by public authorities.
(2) If the user identifies a legal violation, he/she is obliged to inform DocCheck immediately of the infringement.
Section 16: Availability of DocCheck Services
(1) DocCheck shall make every effort to ensure the high availability of DocCheck services but does not accept any liability for their availability.
(2) DocCheck reserves the right to restrict or prevent access to its services and the associated functions at any time and without stating any reasons; for example, due to technical or economic reasons. Major changes/restrictions in functions will be announced in good time.
Section 17: Agreements Between DocCheck Users and With Third Parties
(1) DocCheck shall not participate in the content of communications between users. If users conclude agreements with one another or with third parties with regard to DocCheck services, DocCheck does not participate and is therefore not deemed a contractual partner. In this context, DocCheck also shall not act as a vicarious agent either for the users or for third parties vis-à-vis users. Users and third parties bear the sole responsibility for processing and fulfilling any agreements made between themselves.
(2) DocCheck cannot be held liable if no contact is made between the users and with third parties via DocCheck services in connection with such agreements. DocCheck also bears no liability for breaches of duty by users and third parties resulting from agreements and contract initiations between users and with third parties.
(3) The relevant users and third parties themselves bear sole responsibility for the content of job offers and profiles issued by users and third parties on DocCheck Jobs. DocCheck acts in a passive capacity as a means of conveying the information and does not check the information for correctness. The user is obliged to ensure that any information provided, either by the user or by third parties, is correct and does not violate any laws or third-party rights.
Section 18: Liability of DocCheck
(1) DocCheck is liable in accordance with the provisions of the law without any limit on compensation for damage caused intentionally or by gross negligence by its legal representatives or executive staff or by serious default of organisation or the absence of guaranteed qualities. Furthermore, DocCheck shall only be liable, regardless of the legal reasons, for damage which has been caused by the culpable breach of an essential duty of the contract by DocCheck’s legal representatives or executive staff. In this context, an essential duty of the contract is a duty whose fulfilment makes the due performance of the contract possible in the first place, the infringement of which jeopardises the attainment of the purpose of the contract, and the observance of which the user regularly relies upon.
(2) DocCheck cannot be held liable for damage, including indirect damages and consequential damages, such as loss of profits, suffered by the user
a) As a result of the incorrect display of user-controlled information, such as advertisements, illustrations of doctor’s surgeries, or product presentations
b) As result of the improper functioning of DocCheck services
c) As a result of incorrect data transmission and printer control, as well as loss of data, or
d) In a way that is otherwise related to the use of DocCheck, unless such damage is caused intentionally or by gross negligence by DocCheck’s legal representatives or executive staff.
(3) In the case of Para. (1), item 2, the liability of DocCheck is limited to the typical damage caused by the relevant service, whose occurrence DocCheck could typically expect according to the circumstances known at the time when the contract was concluded. DocCheck does not bear any liability for lack of economic success, loss of profits, loss of savings, indirect damages, consequential damages and claims by third parties.
(4) Subject to specific provisions, DocCheck is only liable for the loss of data and its recovery if such a loss could not have been avoided by the customer with the use of appropriate back-up measures and to the extent that the data could be reconstructed from data material kept in machine-readable form with reasonable effort.
(5) DocCheck also cannot be held liable for legal infringements by users of DocCheck services, such as of the Act against Unfair Competition (UWG), the Telemedia Act (TMG), the Trademark Act (MarkenG), the law on advertising in the healthcare sector (HWG) or other provisions.
(6) Data transmission via internet is not secured against unauthorised access by third parties. As such, internet users with the necessary technological expertise are able to access, read and edit third-party data. The user bears the risks associated with data transmission via internet and accepts that the confidentiality of information transmitted in this way cannot by fully safeguarded. If the user has the option of providing/publishing the content within DocCheck services, we urgently recommend that no confidential data/information or similar be published/transmitted via DocCheck services where its disclosure to third parties is strictly prohibited by law or due to contractual agreements. DocCheck does not accept any liability for the consequences of any such third-party access.
(7) DocCheck does not accept any liability for events or circumstances beyond its control; this applies in particular to the services provided by Deutsche Telekom and other service providers, for the functioning of routers outside of DocCheck’s own networks, or for the condition of the fibre-optic network.
(8) The relevant user or third party bears sole responsibility for content compiled by users or recognised third parties on individual websites, particularly for the content of websites to which DocCheck merely provides a link. DocCheck does not check content for completeness or correctness, nor for its compliance with professional regulations. Furthermore, DocCheck bears no liability for content provided by users via DocCheck services – neither for its correctness and up-to-dateness, its legality, nor for the existence of usage rights for this content. As health care practitioners, users must be aware of their special duty of care towards their patients. In cases where a user infringes upon patient rights or the rights of study participants – in any form whatsoever – and where DocCheck is made aware of such an infringement, DocCheck shall delete the relevant content immediately and the user shall be blocked from using DocCheck. Within the scope of professional dialogue regarding DocCheck services, as well as regarding content accessible via DocCheck services – of whatever kind, including the Flexikon – DocCheck cannot assume any liability for the content of any public or private communication. Content and scientific papers are not checked by DocCheck. Despite all due diligence when checking certificates as per Section 2, item 1, we cannot guarantee the professional qualifications of a user. All users must view the content of other users critically, and use their own judgement in assessing the content, particularly with regard to scientific findings, treatment methods and applications for the use of medicine. The relevant legal and professional regulations apply.
(9) The liability restrictions set forth above shall also apply accordingly to DocCheck’s employees and representatives. The liability for damages caused by such employees and representatives is limited, including in the cases of intent and gross negligence, to the typical damage caused by the relevant service, whose occurrence DocCheck could typically expect according to the circumstances known at the time when the contract was concluded. DocCheck does not bear any liability for damage caused by the negligent violation of a non-essential contractual duty by a DocCheck employee or representative. In this context, an essential duty of the contract is a duty whose fulfilment makes the due performance of the contract possible in the first place, the infringement of which jeopardises the attainment of the purpose of the contract, and the observance of which the user regularly relies upon.
(10) The aforementioned exclusions and restrictions of liability vis-à-vis contractors or consumers do not apply in cases where DocCheck has explicitly assumed liability and for damage arising from injury to life, body and health, as well as in the case of mandatory legal provisions.
Section 19: Copyrights, Licensing Rights and Trademark Rights
(1) The design of this website and its text, images, graphics, layouts, sounds, animations, videos and databases are subject to copyright, or to other laws protecting intellectual property. Unless otherwise stated, they are the property of DocCheck Community GmbH.
(2) This website shall not be interpreted as to transfer by implication, estoppel or otherwise a licence or ownership of a copyright, patent, trademark or any other protected right of DocCheck Community GmbH or a third party.
(3) Unless otherwise stated, all trademarks used on the DocCheck Community GmbH websites are protected by trademark law. This applies in particular to company logos and symbols.
(4) The “DocCheck” name and mark are protected by separate registered word and figurative marks.
Section 20: Illegality of text & data mining
(1) According to paragraph 44b Urhebergesetz (UrhG, engl. German Copyright Act) text and data mining means the automated analysis of single or multiple digital or digitised works in order to gain information from them, especially about patterns, trends and correlations.
(2) The automated retrieval, processing and evaluation of any content of the services, websites or channels of DocCheck by means of software is prohibited; this also includes automated data queries by scripts, bots, crawlers or similar, by bypassing the search mask, by search software or by comparable actions. DocCheck expressly reserves the right to use the content for text and data mining within the meaning of Art. 4 Directive (EU) 2019/790, in each case in conjunction with the individual transposition acts of the EU and EEA member states, in the Federal Republic of Germany in conjunction with § 44b UrhG. The assertion of claims for damages against third parties in cases of unauthorised data mining or data extraction is also expressly reserved.
Section 21: Applicable Law / Changes to the Terms and Conditions / Place of Jurisdiction
(1) The administration of DocCheck services and these Terms and Conditions are subject to the laws of the Federal Republic of Germany, without giving effect to the principles of conflict of laws. The application of the UN Convention on the International Sale of Goods dated 11 April 1980 is explicitly excluded.
(2) DocCheck reserves the right to amend these Terms and Conditions at any time. DocCheck will inform all users of any amendments immediately. If the user does not object to the changes to the Terms and Conditions within one month of receiving notification of the amendment, the amended Terms and Conditions are deemed accepted by the user. DocCheck shall explicitly indicate the consequences of the user’s actions with regard to amendments to the Terms and Conditions in the notification of the amendment.
(3) Where the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of fulfilment and jurisdiction is Cologne, Germany. DocCheck reserves the right, however, to initiate legal proceedings at the general place of jurisdiction of the user. Any exclusive place of jurisdiction shall remain unaffected.
Current as of: 07/2023
