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General Terms and Conditions of XPERTyme GmbH

 

As of 01.01.2024

The English language version is a courtesy translation only. The German language version shall be the legally binding version between XPERTyme and the users. 

A. General

1. Subject

(1) XPERTyme GmbH, Starnberger Feldweg 3, 82234 Weßling (hereinafter referred to as ‘XPERTyme’) operates an internet platform under the domain www.xpertyme.com. The internet platform provides a marketplace through which service providers (hereinafter referred to as ‘experts’ or, depending on the context, also “doctors” or ‘service providers’) can offer their services to users, e.g. customers or patients, and provide them upon order by the customer (experts and customers hereinafter collectively referred to as ‘users’). XPERTyme exclusively provides the technical platform, including software and electronic communication services (hereinafter collectively referred to as the ‘Marketplace’). By registering and using our Marketplace, you agree to these General Terms and Conditions and establish a contractual relationship between you and us. If you do not agree to these terms and conditions, you may not use our Marketplace.

(2) As a user, we grant you the opportunity to exchange services with other users on our Marketplace on the basis of a contract concluded between you and the other user (hereinafter referred to as ‘transactions’). With the exception of the monthly invoices between the Marketplace and the expert, the transactions are provided exclusively between the expert and the customer on the basis of the contractual provisions agreed between them. XPERTyme is not involved in this relationship and, in particular, accepts no responsibility for the proper performance of the services between the users.

(3) XPERTyme does not accept any further or deviating contractual provisions, either expressly or implicitly, unless their applicability is expressly agreed in writing between the parties.

2. Contract documents & order of precedence

(1) The GTC consist of the following documents:

A. General

B. Description of services

C. Provisions for all users

D. Special provisions for experts

E. Special provisions for users

F. Special provisions for consumers

(2) In the event of contradictions between the provisions, the more specific provisions shall take precedence over the more general provisions.

3. Applicable law & place of jurisdiction

(1) The General Terms and Conditions are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the referral provisions of German international private law. This does not apply if mandatory law, in particular the respective consumer protection law, requires a different choice of law.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Munich.

(3) If the user is a consumer, the place of jurisdiction is the user's place of residence. For all disputes arising from or in connection with this agreement, an additional place of jurisdiction for consumers with their place of residence in Germany is Munich.

4. Changes to the Terms and Conditions

(1) We reserve the right to update and amend these Terms and Conditions from time to time in order to adapt individual provisions of the Terms and Conditions to changes in legal regulations or court decisions, technological developments, further developments of the Marketplace or changes in the market situation. We will notify you of any changes to the General Terms and Conditions with a notice period of generally 30 calendar days via the email address provided during registration. If there are important reasons why we need to implement changes to the General Terms and Conditions with a shorter notice period (e.g. obligation due to a court decision), we will expressly point out this shorter notice period in the notification by email. If you continue to use our Marketplace after the deadline has expired, you agree to the validity of the amended Terms and Conditions upon expiry of the reasonable period set by us. If you do not wish to accept the amended Terms and Conditions, you can unsubscribe from the platform at info@xpertyme.com. We will expressly inform you of the deadline, this legal consequence and the possibility of termination in the notification by email.

5. Conclusion of contract

(1) To use the Marketplace outside of the video consultation within the scope of contractual medical use, you must first register. During the registration process, you confirm by ticking a box that you agree to our General Terms and Conditions and submit an offer to conclude a contract. Upon completion of the registration process, we accept your offer.

B. Description of services

1. Subject matter of the service

(1) XPERTyme operates the Marketplace in accordance with these General Terms and Conditions and provides users with access to the Marketplace. You are entitled to use the Marketplace in its current version.

(2) Transactions between experts and customers are not part of our services. Transactions are agreed directly between the customer and the expert and are handled between them. Subject to the operation of the Marketplace, XPERTyme is not responsible for initiating, concluding or executing transactions (including remuneration). In particular, we do not monitor or check whether

i the information provided by users is true, complete and up to date,

ii the experts have the qualifications stated,

iii the users are solvent,

iv the transactions are carried out as agreed,

v the users carry out the transactions in accordance with the applicable legal provisions.

(3) We reserve the right to make the use of the Marketplace (or individual functions) or the extent to which individual functions can be used subject to certain conditions, such as verification of registration data, duration of use, account type (private/commercial), status of the rating profile, payment behaviour or the submission of certain evidence.

2. General principles of performance

(1) Unless expressly agreed otherwise, we shall provide the services in accordance with the state of the art generally recognised at the time of conclusion of the contract.

(2) If a place for the performance is neither specified nor can be inferred from the circumstances, in particular from the nature of the contractual obligation, the performance shall be provided at the registered office of XPERTyme.

(3) Unless dates and other time specifications are expressly marked as binding, they shall be non-binding. If binding time specifications have been agreed, delayed performance with regard to these dates shall only result in default on our part if we are responsible for the delay. Otherwise, the agreed dates shall be extended by the number of days of the delay.

(4) We may temporarily restrict or suspend access to the Marketplace and the communication services provided on it if this is necessary due to capacity limits, the security or integrity of the Marketplace, or to carry out technical measures such as maintenance work. In such cases, we will take into account the legitimate interests of users and will endeavour to inform them in advance to the best of our ability.

3. System requirements

(1) To use the Marketplace, you must use a standard Internet browser (e.g. Chrome, Firefox) in its latest version. The display, range of functions and user-friendliness may be limited when using certain browsers/operating systems, e.g. on mobile devices (smartphones, tablets).

(2) In order to use certain functions, you must use specific hardware that can support these functions (e.g. webcam, microphone). It may also be necessary to install certain software extensions, known as plug-ins or add-ons, in order to use certain functions.

(3) You must have access to the Internet with a sufficiently fast data transfer rate.

(4) You must take appropriate measures to protect the hardware and software you use to access the Marketplace in order to ensure the security and integrity of the systems we use. This includes, among other things, the use of up-to-date operating systems and the use of up-to-date IT security measures (virus protection scanner, firewall).

(5) You are obliged to maintain the system requirements in such a way that a new version of the Marketplace can be made available at any time. If we are unable to provide maintenance and servicing for the Marketplace because the system requirements have not been maintained, we shall be released from our obligation to perform in this respect.

4. Maintenance & servicing of the Marketplace

(1) Maintenance and servicing include the processing of bugs and malfunctions of the Marketplace (hereinafter referred to as ‘malfunctions’) by taking necessary and appropriate measures with the aim of maintaining or restoring the operability and availability of the Marketplace. The manner in which malfunctions are remedied is at our discretion. You shall support us to a reasonable extent free of charge in order to narrow down the causes of malfunctions.

5. Malfunction reports

(1) Malfunction reports by the user shall be sent exclusively to the email address info@xpertyme.com

(2) In order to enable us to rectify the malfunction, you must provide us with at least the following information in a malfunction report:

(a) a comprehensive description of the malfunction that has occurred,

(b) the date and time of the fault,

(c) details of the function affected and the operation(s) performed during which the fault occurred,

(d) a precise description of the platform used (Apple, Google, desktop/application) and the operating system used,

(e) the browser type and version used (desktop application) and

(f) an email address at which the user can be contacted for any queries.

(3) If you are unable to provide precise details, you must describe the above points as best you can.

(4) You can suggest a prioritisation of several faults in the fault report. However, the classification is at our sole discretion.

(5) We aim to send you, as the user, confirmation of receipt of the fault report within 24 hours of receiving it. The confirmation will be sent to the email address of the sender of the respective fault report.

6. Troubleshooting

(1) We endeavour to remedy faults within a reasonable period of time. Troubleshooting is only required during XPERTyme's business hours. Business hours are Monday to Friday, with the exception of public holidays in Germany, from 8 a.m. to 5 p.m.

(2) If faults are attributable to software components from third-party manufacturers that are included in the Marketplace, we shall inform the third-party manufacturer thereof and make every effort to remedy the fault together with the third-party manufacturer or in accordance with the third-party manufacturer's instructions.

(3) Notwithstanding the above provisions and unless explicitly agreed otherwise in writing, we are not obliged to remedy faults within specific repair times. We endeavour to remedy any faults that occur within a reasonable period of time.

7. Marketplace support

(1) Support consists in particular of advising and assisting the user with questions regarding the operation and functionality of the Marketplace.

(2) Please send support requests exclusively by email to the following address: info@xpertyme.com. We will notify you of any changes to these communication channels with reasonable advance notice.

8. Updates & further developments

(1) We reserve the right to revise and adapt the Marketplace in whole or in part at regular or irregular intervals, in particular to further develop it technically and functionally. Such updates may result in additional services being added, services being modified or discontinued. We shall decide whether, within what period and to what extent the Marketplace will be further developed. We will notify you of any significant changes with each update. By concluding the contract, you agree to us carrying out such updates.

C. Provisions for all users

1. Registration

(1) In order to use the Marketplace outside of the video consultation service in accordance with Appendix 31b of the Federal Framework Agreement for Doctors (BMV-Ä), you must first register and be approved for use by XPERTyme. There is no entitlement to admission to the Marketplace. We will decide on the acceptance of the registration request after it has been received.

(2) You can only register as a user if you

(a) are a natural person, at least 18 years of age and have full legal capacity,

(b) are not prohibited from using the Marketplace by laws, rules or other provisions,

(c) you use the Marketplace in accordance with the Terms and Conditions and all laws, rules and regulations applicable to you as a user

(3) Every user outside the video consultation service in accordance with Appendix 31b to the Federal Framework Agreement for Doctors (BMV-Ä) must create their own user account with a username and password before they can use the Marketplace. You are free to choose your user name within the technical specifications. You are responsible for ensuring that the user name you choose does not infringe any third-party rights, in particular name or trademark rights, and does not violate public decency. The user is obliged to choose their access data in such a way that it offers sufficient protection against unauthorised access. The user's access data is strictly confidential and may only be used by the user themselves. You undertake not to pass on the access data to third parties. Furthermore, you undertake to take appropriate measures and to store the access data in such a way that third parties cannot gain knowledge of the access data.

(4) You are solely responsible for handling your access data. You are also responsible for actions carried out by third parties using your access data. This applies even if you were not aware of this. If you believe that your access data has become known to a third party, you must change your access data immediately. You can also contact XPERTyme support to request further measures (e.g. blocking).

(5) You must provide the requested mandatory information (user information) completely, truthfully and in a timely manner. You may not provide a value-added service number as your telephone number or a PO box as your address. You will therefore always update your user information independently and without delay. XPERTyme does not generally verify user information. However, XPERTyme reserves the right, in individual cases, to make activation dependent on the provision of suitable evidence proving that the information provided is correct if there are reasonable grounds for doubt.

(6) Due to legal provisions, including those for the prevention of money laundering, transactions on the Marketplace, in particular payments, require additional user verification by our payment partner.

(7) A user account is non-transferable and may only be used by the registered person.

(8) If you wish to register as an expert, the provisions of Chapter D – Special provisions for experts shall apply in addition.

2. Transactions & participation in the Marketplace

(1) You are responsible for ensuring that your activities on the Marketplace, in particular the services offered or purchased and the content you publish on the Marketplace, do not violate (i) legal or official regulations, (ii) these GTC, (iii) common decency, and (iv) the rights of third parties.

(2) You are prohibited from manipulating services, prices, content and information (in particular reviews) by using multiple user accounts or in collaboration with other users.

(3) Transactions between experts and customers are not part of our services. Transactions are agreed directly between the customer and the expert and are handled between them. Subject to the operation of the Marketplace, XPERTyme is not responsible for initiating, concluding or executing transactions (including payment). However, you agree to comply with these Terms and Conditions when executing a transaction. We do not monitor or control the content of transactions. We only monitor and control the content if we become aware of specific indications that the content constitutes an illegal act or a violation of these Terms and Conditions. For technical reasons, it is possible that an offer for a transaction may not be found immediately after it is posted on the Marketplace.

(4) You may not use addresses, email addresses and other contact details obtained through the use of the Marketplace for any purposes other than contractual and pre-contractual communication. In particular, it is prohibited to resell this data or use it to send advertising, unless the respective user has expressly consented to this in advance or has not objected to this in accordance with the applicable legal provisions.

(5) You are responsible for archiving any information that is visible or stored on the Marketplace and that you require for the purposes of preserving evidence, accounting or other purposes on a storage medium that is independent of the services of XPERTyme.

3. Rights of use on the Marketplace

(1) We grant you the personal right to use the Marketplace in accordance with these Terms and Conditions for the duration of the contractual relationship. This right of use is non-transferable, non-exclusive, revocable at any time and non-sublicensable. In particular, this right of use does not include the right to copy, reproduce or edit the Marketplace or parts thereof.

(2) The content provided by us, in particular names, logos, images, videos and texts, is protected by law. Use of this content is prohibited without our prior consent.

(3) You are not permitted to copy, reproduce, edit, distribute, sell or rent the Marketplace or parts thereof.

The XPERTyme software may not be reverse engineered or any other attempt made to extract the source code, unless this is expressly permitted by applicable law or our prior written consent has been obtained.

4. User content & transaction content

(1) You are solely responsible for the activities and content that you carry out or publish on the Marketplace (e.g. images, videos, texts, music, links). You must ensure that you are authorised to make the content available via the Marketplace and that no third-party rights are infringed. If you are not the owner of these rights (e.g. trademark rights, copyrights, personal rights), you warrant that you have obtained all necessary rights. Furthermore, you must ensure that the content does not spread any malware (e.g. viruses, worms, Trojan horses).

(2) Users are expressly prohibited from posting, transmitting or publishing content or references to such content that violates laws or unlawfully infringes the rights of third parties. Users may only post and publish content or references to such content that does not violate legal prohibitions or offend common decency. The posting and publication of discriminatory, offensive, racist, defamatory, pornographic, violent or illegal content via the Marketplace is prohibited. This also applies to company logos, photographs, drawings or other visual or graphic representations. Furthermore, you as a user are prohibited from storing or transmitting content to third parties if it violates data protection regulations or infringes personal rights or intellectual property rights. You are prohibited from using the Marketplace and our services to harass or bully other people. Finally, users are prohibited from publishing advertising or promotional content on the Marketplace or including it in transactions. In particular, it is prohibited to display advertising or promotional content during a transaction.

(3) We consider the content you provide to be third-party content. We neither approve nor adopt this content as our own. We do not monitor, review or edit the content. We only monitor and control the content if we become aware of specific indications that the content constitutes an illegal act or a violation of these Terms and Conditions. If a user violates the above obligations (1) and (2), we have the right, taking into account the respective user interests, to remove or block content that violates the provisions of the above clauses (1) and (2). This is particularly the case if the removal or blocking of the content is necessary to protect the rights and property of XPERTyme or other persons or to maintain the security and functionality of the Marketplace. The user has no right to have this deleted content restored. If you suspect that content violates the above provisions, you can notify us at info@xpertyme.com.

(4) You indemnify us against all claims, including claims for damages, asserted against us by third parties and attributable to content that you as a user have posted or published on the Marketplace or that is based on any other use of the Marketplace by you that infringes the law or violates the provisions of these Terms and Conditions. Insofar as you are obliged to indemnify us, you shall also bear all costs, including all court and legal fees, incurred by us, insofar as these are reasonable and proven. Further rights and further claims for damages by XPERTyme remain unaffected by this. The indemnification and compensation claims shall not apply if you are not responsible for the underlying breach of duty.

(5) You grant us an irrevocable, worldwide right to use the content you publish on the Marketplace for an unlimited period of time. This right of use entitles us to use this content for the design of the Marketplace, for advertising purposes and for the further development of the Marketplace. Use of user content outside the Marketplace is not permitted without the user's consent. The above right of use does not apply to user content generated by a transaction, unless the users involved in the transaction agree to such use.

5. Reviews

(1) Depending on the platform, users may rate each other publicly after completing a transaction. You are obliged to provide only truthful information in the reviews you submit. The reviews submitted must be factual and must not contain any defamatory criticism.

(2) You are prohibited from misusing the rating system or using it for other purposes. In particular, it is prohibited to (a) submit reviews about yourself, (b) coerce other users into acting, tolerating or refraining from acting by threatening to submit or not submit a review, (c) include in the review other circumstances that are not related to the transaction.

(3) We do not review the ratings. If you violate the above obligations, we have the right to remove or block ratings that violate the provisions of the above paragraphs, taking into account the respective user interests. If you suspect that content violates the above provisions, you can notify us at info@xpertyme.com.

6. User obligations

(1) You are obliged to cooperate in the fulfilment of the contract.

(2) You are obliged to comply with applicable data protection law and the personal rights of third parties. In this context, you undertake not to make any personal data of third parties accessible via the Marketplace without the prior consent of the person concerned or other permission.

(3) The user is not entitled to disrupt the operation or functionality of the Marketplace or parts thereof, e.g. through the use of malware, Trojans or viruses or by manipulating or circumventing access restrictions.

(4) During the use of the video consultation service certified in accordance with KBV specifications, recordings of any kind are prohibited without the explicit consent of all participants.

7. Blocking & deletion of a user account

(1) If a user violates their obligations under these General Terms and Conditions, we are entitled to temporarily block the user account (for the duration of the violation) or (in the event of repeated or particularly serious violations) to block it permanently (and to delete it in the event of permanent blocking).

(2) We are also entitled to temporarily block or delete a user account (for the duration of the impairment) or, if necessary under the circumstances, permanently block or delete it if this is necessary to protect the user, us and/or third parties from damage or other impairments. Such circumstances may include, for example: unlawful access to the user account by a third party; unlawfully provided services, etc.

(3) If XPERTyme has blocked a user account, the affected user can contact support (info@xpertyme.com) to have it reactivated.

8. Remuneration for the use of the Marketplace

(1) Registration and use of the Marketplace is free of charge for users who are not registered as experts. However, we reserve the right to introduce a fee for the use of the Marketplace with three months' notice. In this case, you as a user are entitled to terminate the user agreement with us with one (1) month's notice to the end of the month prior to the increase in remuneration taking effect. We will inform you separately in the announcement of the costs, your right of termination and the relevant deadlines.

(2) The user shall bear all other costs for the use of the Marketplace, in particular the costs for hardware and the Internet connection.

9. Conclusion of transactions

(1) The expert may post a transaction and the further conditions for the execution of the transaction, in particular the prices, on the Marketplace. In doing so, he invites other users to submit a legally binding offer to execute the transaction on the terms and conditions posted.

(2) The user submits their offer to carry out the transaction by specifying the type, duration and time of the desired transaction, selecting the payment method and clicking on the ‘Place order’ button. In doing so, the user submits a binding offer to carry out the transaction under the conditions posted.

(3) For interactive offers (1:1 consultation, conference, etc.), the expert receives a notification of the user's acceptance of the offer. The expert can cancel the offer by clicking on ‘Cancel’. The user is informed of this.

(4) If the expert does not cancel, a binding contract for the execution of the transaction is concluded between the expert and the user.

10. Remuneration for transactions

(1) The price for the transactions shall be stated in EURO including the applicable value added tax, if applicable. Experts are not permitted to charge the customer any additional fees (e.g. transaction costs) in addition to the prices stated on the Marketplace.

(2) The total price may increase further as a result of additional products or services booked.

(3) The remuneration is due without deduction upon completion of the transaction.

(4) If the user is more than 30 days in arrears with a substantial part of a payment, XPERTyme is entitled to block the user's access and suspend further services until further notice.

If XPERTyme is entitled to terminate this contract due to persistent default of payment by the user, XPERTyme is entitled to delete the user's data and content accumulated within the scope of the contractual relationship after prior notification to the user and after expiry of a further reasonable period. The user has no claim to restoration of this deleted data and content. In the event of default in payment, we shall also be entitled to pass on the data stored by us about the user to the expert, insofar as this data is necessary or helpful to enforce the payment claim.

11. Warranty for material defects

(1) Within the scope of the operation of the Marketplace during the term of the contract, we shall warrant that the Marketplace will maintain the contractually agreed quality.

(2) We shall deal with any malfunctions occurring during the term of the contract in accordance with the service description for maintenance and servicing.

(3) Termination by the user in accordance with Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) due to non-provision of the contractually agreed use is only permissible if we have been given sufficient opportunity to remedy the defect and this has failed. The rectification of defects shall be deemed to have failed if it is impossible, if we refuse to do so or if we delay it unreasonably, if there are justified doubts as to the prospects of success or if it is unreasonable for the user for other reasons.

12. Liability

(1) XPERTyme shall be liable without limitation in cases of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act, insofar as XPERTyme has fraudulently concealed a defect, and to the extent of any warranty assumed.

(2) In the event of a slightly negligent breach of an obligation essential to the contract, i.e. an obligation whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the user may regularly rely (so-called cardinal obligation), liability, i.e. all claims of the parties against each other that are not claims for performance or serve to fulfil the contractual obligations, in particular for claims for damages or reimbursement of expenses, from self-performance, termination or reversal after withdrawal, regardless of the question of a breach of duty, the degree of fault or the basis of the claim, shall be limited by XPERTyme to the amount of the damage typically foreseeable at the time of conclusion of the contract.

(3) Otherwise, XPERTyme shall not be liable. In particular, XPERTyme shall not be liable for defects that already existed at the time the contract was signed, regardless of fault.

(4) The above limitations of liability also apply to the personal liability of XPERTyme's employees, representatives and organs.

13. Indemnification

(1) If other users or other third parties assert claims against us for the infringement of their rights based on the fact that the user (a) has offered services on the Marketplace or (b) has published content on the Marketplace or (c) has used the Marketplace in any other way, the user shall indemnify XPERTyme from (all) such claims. The user shall bear the costs of the necessary legal defence of XPERTyme, including all court and legal fees in the statutory amount.

(2) The above indemnification obligation shall not apply if the user is not responsible for the infringement.

(3) In the event of a claim by a third party, the user is obliged to provide XPERTyme immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

14. Force majeure

(1) If and for as long as the services owed by XPERTyme cannot be provided or cannot be provided on time due to force majeure, XPERTyme's performance obligations shall be suspended by mutual agreement for the duration of the hindrance.

Force majeure shall be deemed to be an external event beyond the control of XPERTyme, caused by natural forces or the actions of third parties, which is virtually unforeseeable according to human judgement and experience and cannot be prevented even by exercising the utmost care. This includes, in particular, war, natural disasters, strikes and lockouts of personnel not falling within the scope of XPERTyme's services, delays or failures in the provision of services by subcontractors, provided that this was caused by an event of force majeure, official or court orders, attacks and assaults from the Internet and from end users (e.g. viruses, worms, DoS attacks, Trojan horses).

In the event of force majeure, XPERTyme shall inform the user immediately.

15. Contract term & termination

(1) The contract term is one month. The contract term begins with the activation of the user on the Marketplace after completion of registration.

(2) Upon expiry of the contract term (and upon expiry of the respective extension period), the contract term shall be automatically extended by one month, unless the contract is terminated by giving two (2) weeks' notice to the other party. If notice of termination is given after this notice period, the contract shall be terminated at the end of the next extension period.

(3) Either party may terminate the contract without notice by notifying the other party if there is good cause. Good cause for XPERTyme includes, in particular, if the user repeatedly fails to make payments when due, if the user files for insolvency, or if the user fails to fulfil essential obligations under the contract.

(4) We will send our termination to the email address you provided us with during registration or updated later. You can send us your termination either in writing to the address given in the legal notice or by email to info@xpertyme.com.

(5) At the end of the contract, XPERTyme will discontinue all services.

In particular, after a reasonable period of time, which is usually two (2) weeks, XPERTyme will delete the user account and all content posted by the user during the term of the contract, unless XPERTyme is required to retain such content by law. The user has no right to have this deleted content restored.

D. Special provisions for experts

(1) In addition to the provisions of Chapter C – Provisions for all users, the following provisions shall apply to the billing of services in the relationship between the expert and XPERTyme.

1. Offer to customers

(1) The expert is responsible for ensuring that their offer complies with legal and regulatory requirements, in particular professional requirements and consumer protection regulations. The expert is solely responsible for obtaining (official) permits, approvals or complying with reporting obligations. This applies in particular to the tax office, social security institutions and professional organisations.

This applies in particular to the provision of video consultations in accordance with Appendix 31b to the Federal Framework Agreement for Doctors (BMV-Ä). Participation in the video consultation is voluntary for all participants. To ensure data security and smooth operation, the video consultation must take place in closed rooms that ensure adequate privacy. At the beginning of the video consultation, all persons present in the room must introduce themselves. Recordings for the purpose of documenting the treatment are only permitted during the video consultation with consent.

In addition, the contract doctor, as an expert, must ensure the following requirements are met:

  • The equipment includes a screen, a camera, a microphone and a loudspeaker. These functions may also be combined in one device, either in whole or in part.
  • The contracted doctor informs the patient about the video consultation in accordance with the requirements for participants in video consultations pursuant to Section 3 and obtains the patient's consent to the data processing by the video service provider used, which meets the requirements of Article 9(2)(a) in conjunction with Article 7 of the GDPR.
  • Note: A template can be downloaded from the homepage, adapted and then either integrated electronically into the specific expert documents or used outside the platform (e.g. in paper form).
  • The video consultation may only be carried out by a contracted doctor.
  • The contracted doctor may only use video service providers certified in accordance with § 5 for the video consultation.

(2) The expert is prohibited from publishing misleading or intentionally false, inaccurate or incomplete information in their offer.

(3) Furthermore, experts are prohibited from offering erotic, sexual or pornographic services or content via the Marketplace.

(4) We endeavour to set up the Marketplace in such a way that the expert can comply with the requirements applicable to them. The expert has no right to demand that the Marketplace be adapted. The expert may send any comments or suggestions for changes to the Marketplace to our support team at any time (info@xpertyme.com).

(5) Experts who offer goods or services to consumers in the course of their commercial or self-employed professional activity are obliged to provide them with the legally required consumer protection information and to inform them of the existence or absence of a statutory right of withdrawal.

(6) The expert undertakes to place their offer in the appropriate category and to describe it accurately and completely in words and pictures.

The expert must describe all information relevant to the customer's decision completely and accurately in words and images.

(7) The offer must relate exclusively to the service offered via the Marketplace. Advertising for services that are not provided via the Marketplace is prohibited. The expert undertakes not to advertise other competing platforms in their offer.

2. Execution of the transaction

(1) The expert shall execute the transaction in accordance with applicable law.

(2) The expert undertakes to execute a transaction concluded via the Marketplace exclusively via the Marketplace. The execution of the transaction via other channels is prohibited.

(3) If the expert offers a service on the Marketplace, they thereby invite the user to submit a binding offer to conclude a contract. This can then be accepted by the expert.

3. Remuneration for the transaction

(1) The expert must specify the price for the respective transaction in accordance with the applicable legal provisions.

(2) An account will be automatically set up for the expert with the payment service provider (currently Mangopay, as of 1 January 2024). The necessary information (name/ID, contact details, etc.) will be transmitted to the payment service provider by XPERTyme. All administration of this account is carried out via the XPERTyme platform.

(3) The expert pays XPERTyme a fee for using the Marketplace. The fee is set out in XPERTyme's current price list. The price list can be found on the respective price list or tariff overview of the respective platform. The amount for the remuneration for the provision of a service is deducted directly by the respective payment service provider (currently Mangopay) from the amount that the user pays to the expert and transferred directly to XPERTyme by the payment service provider. The monthly fees are collected at the end of the month, depending on the payment method.

(4) XPERTyme accepts no liability for chargeback fees due to incorrect bank details provided by the expert and reserves the right to pass these on to the expert. For transfers to account holders outside the European Monetary Union, differences may arise due to possible currency conversions and bank charges on incoming payments. These differences shall be borne by the expert and shall not be borne by XPERTyme.

(5) The expert is aware that with certain payment methods (e.g. direct debit or credit card) there is a risk of chargebacks by the user and that the expert alone bears this risk.

Chargebacks that occur after payment has already been made to the expert in accordance with the above clause (4) will be invoiced to the expert plus a chargeback fee in accordance with the currently valid price list. (6) The expert is obliged to raise any objections to the statements issued by XPERTyme immediately, at the latest four (4) weeks after the statement has been issued.

Otherwise, the settlement shall be deemed approved.

E. Special provisions for consumers

1. Online dispute resolution

(1) The European Commission provides an online dispute resolution (ODR) platform where consumers can attempt to reach an out-of-court settlement in the event of problems with online purchases. Online dispute resolution offers a simple, efficient, fast and inexpensive out-of-court solution for disputes between businesses established in the European Union and consumers residing in the European Union, in particular in cross-border trade.

(2) The online dispute resolution platform can be accessed at https://webgate.ec.europa.eu/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Right of withdrawal

(1) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (XPERTyme GmbH, Lena Christ Str. 44, 82521 Planegg/Martinsried, info@xpertyme.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

(2) Consequences of cancellation: If you withdraw from this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the services should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract in comparison to the total scope of the services provided for in the contract.

(3) Sample cancellation form (If you wish to cancel the contract, please fill out this form and send it back to us.)

To

XPERTyme GmbH

Starnberger Feldweg 3

82234 Weßling

 

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notifications on paper)

 

Date

(*) Delete as applicable.

 

F. General Terms and Conditions of the payment service provider Mangopay

 

(1) In addition to the General Terms and Conditions of XPERTyme, the General Terms and Conditions of Mangopay apply to the payment of transactions. The General Terms and Conditions are available at the following link.

 

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