1. Terms and Conditions
1.1. Scope
These terms and conditions are valid in the at the time of conclusion of contract valid version for all business relations between us, the PPG-Doctors AG, Talacker 41, 8001 Zürich, Switzerland and you. Should you be using contradictory terms and conditions, these are hereby explicitly opposed.
1.2. Contractual Agreement
Th contract language is German, translations into other languages are not legally binding. The display possibilities in other languages are merely there for assistance. If you are under the age of 18, you require the consent of your legal guardian to use our platform.
1.3. Definitions
The „users“ are all persons who avail the functions on our platform. This includes our providers. The „providers“ are the doctors who use our platform to offer their consultingservices and take part in our commission system. The “interested parties” are persons who are interested in the consulting services from our providers.
1.4. Registration and Login (contract of use)
By registering or logging in on our website you are entering into a contract with us.
1.4.1. Registration
To use the full scope of our website, it is necessary to first create an account with us. During this process the necessary information for a service provision on our part are being queried. The inputs are confirmed by clicking on the button titled “register”. You will then receive a confirmation email with the information necessary for the login. Only after having logged into our website with said given information the registration process is completed. The password, which enables you access to your personal section, is to be treated strictly confidential and under no circumstances to be given to third parties. You are to take all necessary and appropriate measures to prevent third parties from acquiring said password. An account cannot be transferred to other users or any third parties. We will not be liable for any damage which may result from the misuse of said password.
1.4.2. Alternative registration
Alternatively you can also register with your existing Google-Account. To do so, you simply need to press the button “Login with Google”. Hereby you will be forwarded to www.accounts.google.com (run by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). There you need to enter your Google-Account- Details and klick on“Sign in”. For the use of Google services, the data protection regulations and terms and conditions of Google Inc. apply. You can also log in through your existing LinkedIn-Account. To do so, you need to klick on the Button „Sign in with LinkedIn“Hereby you will be forwarded to www.linkedin.com (run by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA). There you need to enter your LinkedIn-Account- Details and click on „Allow access”. For the use of LinkedIn services, the data protection regulations and terms and conditions of LinkedIn Corporation apply.
1.5. Conclusion of contract between the provider and us (Commission system)
The conclusion of contract for our commission system is taking place individually through supply and demand. Unless otherwise agreed, the usual procedure is for you, our provider, to e.g. pose an inquiry by using the form for doctors and hereupon receive a binding offer for our commission system, which you then can accept within the course of two weeks. By this acceptance a contract comes into effect. A separate storage of the contract text through us will not take place, instead the content of the contract arises from the individually concluded agreement. Our offer lies under the condition precedent that you are to send us a copy of your ID as well as a proof of your professional competence. After the conclusion of contract, we will enable all necessary functions for your account. Please ensure that you deposit all necessary account details to enable the payment for our consulting services. For a payment via our payment service provider PowerPay21 you also need to state your tax identification number and/or your VAT identification number.
1.6. Conclusion of contract between the provider and the interested party
After successful registration you are able to use the consulting services of our doctors. The respective advertisement hereby constitutes the binding offer by our doctors. For the booking you have to select the desired doctor and the respective consultation period in the first step. In the second step, enter your data, including the billing address and, if applicable, your deviating address. In the third step, you then have the possibility to choose between the different payment methods of our payment service provider Powerpay 21. In the fourth step, you can then check all the information (for example, name, address, method of payment, desired service) again and, if necessary, correct input errors before confirming your assignment by clicking on the button &"book with PAYMENT & quot;. With the order, you bindingly declare your contract acceptance. By accepting, you are entering a contract with the respective doctor. After the conclusion of the contract, the booked consultation period will be credited to the account of the desired doctor. The scheduling for the consultation can be individually coordinated with the doctor.
1.7. Subsequent amendments to these General Terms of Business
We are entitled to retrospectively adapt and supplement the General Terms and Conditions against existing business relationships, as far as changes in the legislation or jurisdiction require it or other circumstances lead to the fact that the contractual equivalence ratio is not negligibly disturbed. A subsequent change in the terms and conditions will take effect if you do not object within six weeks of notification of the change. At the beginning of the period, we will expressly inform you of the effect of your silence as acceptance of the amendment to the contract and give you the opportunity to make an express declaration during the deadline. If you object in due time, both we and you can terminate the contractual relationship extraordinarily, as far as we do not let the contractual relationship continue under the old general terms and conditions.
2. Specification of the Services
2.1. In General
In addition to the sale of our individual products, we offer you a platform on which you - in the role of the prospective customer - can look for physicians and seek advice. As a doctor, you have the opportunity to present yourself on our platform and to offer your consulting services for a fee to generate revenue. In the case of consulting services between provider and prospective customer, however, we only act as an intermediary and make our platform for contact production / consulting available, but we are not ourselves contracting parties between provider and prospective customer.
2.2. Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3. Exceptions to the orders of goods
We are entitled to partial deliveries if this is deemed reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs. PO Box addresses are not supplied.
2.4. Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite pending coverage business) we are not liable for any problems caused. They entitle us to postpone the delivery for the duration of the obstructing event.
2.5. Withdrawal
In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse to pay compensation as promptly as possible if necessary.
2.6. Time of performance
Unless otherwise expressly agreed, we provide the service to our suppliers immediately after the conclusion of contract by activating the functions for their account. Unless otherwise expressly agreed, delivery will be made by us within 5 days. The deadline for the delivery of advance payment is the day after the payment order is sent to the referring bank or, in the case of payment by cash on delivery or on purchase, the day after the conclusion of the contract. The deadline ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the deadline ends on the next working day.
3. PAYMENT
3.1. Prices
All prices include VAT. In addition, in the case of orders for goods, the separately stated costs for packaging and shipping, unless agreed to be collected by you at our place of business have to be paid for as well. For orders outside Switzerland, import duties and taxes may be added. You have to carry these yourself and they are not part of the price. When booking consulting services, we accept payments from the prospective customer on behalf of the provider and forward them. Payment is handled by the payment service provider Powerpay 21.
3.2. Commission System
Default of Payment
3.3. Right of Retention
The assertion of a right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation policy for European consumers with distance contracts
Right of revocation You have the right the revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day that you or a third party known to you, who isn’t the carrier, has taken possession of the good / the last goods. To exercise your right of revocation, you need to inform us (PPG-Doctors AG, Talacker 41, 8001 Zürich, Switzerland, Phone: 00491727160765, email: [email protected]) with an explicit explanation (e.g. by the means of a posted letter or an email) about your decision to revoke this contract. For this, you can use the attached sample form; doing so, however, is purely optional. Timely dispatch of revocation shall suffice to meet the revocation deadline in each of the above cases. Consequences of the revocation If you revoke this contract, we are to refund all payments to you, which we have received from you – including the delivery costs (with the exception of additional costs which have come out of using a different kind of delivery than the offered standard delivery), immediately and within 14 days at the very latest, from the day that we have received your revocation. For this repayment we will be using the same payment method which you have used at the time of the original transaction, unless both parties have explicitly come to a different agreement. In no case whatsoever we will be charging you a fee for the repayment. We can refuse the repayment until we have gotten back the goods or until you have given us the proof that you have sent the goods back to us – depending on which one happens at an earlier date. You are to return the goods immediately and in any case at the very latest within 14 days from the date of revocation of this contract. The deadline is met if you dispatch the goods within said time frame of 14 days. You must bear the shipping costs of the returned goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. Exclusion of the right of revocation The right of revocation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, there is no right of revocation for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded. Special instructions for premature termination of the right of revocation In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation expires prematurely if the sealing of the goods has been removed after delivery. For contracts for the delivery of sound or video recordings or computer software in a sealed packaging, your right of revocation expires prematurely if the seal has been removed after delivery.
5. Retention of Title when delivering Goods
The delivered goods remain our property until full payment of the purchase price. You have to treat the goods under simple retention of title with care at any given time. You assign to us a claim or replacement that you receive for the damage, destruction or loss of the delivered goods. If you behave in breach of contract, especially in case of default, we are entitled to take back the purchased item. The withdrawal in this case does not equate a resignation from the contract, unless we explain this explicitly in writing.
6. Warranty in the case of purchase agreements
6.1. Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogues, on the website and other documents may lead to technical and design differences (e.g. colour, weight, dimensions, design, scale, positioning, etc.), as far as these changes are reasonable for you. Such reasonable reasons for change may arise from commercial fluctuations and technical production processes. Insofar as warranties are given in addition to the warranty claims, you will find their exact conditions for each product. Possible guarantees do not affect the warranty rights.
6.2. Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you upon delivery of the goods. If you realize that the outer packaging arrives damaged or notice damage on receipt of the goods, we ask you to inform us. However, there is no obligation to make such a notification, nor are the warranty rights affected by any failure to do so. If translate delivery. If defects are not remedied even after two attempts at rectification, you are entitled to a withdrawal or price reduction.
6.3. Warranty towards contractors
Contrary to the statutory warranty regulations, it applies to contractors that in the event of a defect, we provide supplementary performance at our discretion in the form of remedying the defect or redelivery. The risk of accidental loss or deterioration of the thing is already transferred to the person destined for transport to you. Contractors must immediately report obvious defects and non-obvious defects immediately upon discovery in writing; otherwise the assertion of warranty claims is excluded. A timely dispatch is sufficient to adhere to the time limit. The contractor bears the full burden of proof forall conditions of the claim, in particular for the defect itself, for the time of the determination of the defect and for the timeliness of the complaint.
6.4. Rights in the case of insignificant defects
If there is only an insignificant defect, you have the exclusive right to reasonably reduce the purchase price under the exclusion of the right of withdrawal.
6.5. Liability for damages
No warranty is given for damages resulting from improper handling or use. The following disclaimer is expressly indicated.
6.6. Limitation
For used goods the warranty is 1 year. As far as you are a contractor, the warranty for used goods is excluded and the warranty for new goods is 1 year. Excluded from this is the recourse claim. The shortening of the statute of limitations expressly excludes the liability for damages resulting from injury to life, body or health or in case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
7. Your responsibility
7.1. In General
You are solely responsible for the content and accuracy of the data, contributions and information you submit. These may neither violate the applicable laws nor these terms and conditions. You also undertake not to transmit any data whose content violates the rights of third parties (such as personal rights, name rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content or untrue facts may not be alleged and / or published.
7.2. Exemption
You shall indemnify us from all claims asserted against us by third parties for such violations. This also includes the reimbursement of costs of necessary legal representation.
7.3. newh1399
You are jointly responsible for the security of the transmitted information. We cannot be held responsible for the loss of your transmitted information as we do not provide a general data protection guarantee.
7.4. Abusive contributions
Abusive content or contributions are deactivated or deleted by us without prior notice. Such content designs are e.g. given in the following cases: - to send spam,, - to send and store infringing, obscene, threatening, insulting or other content which is in any way infringing rights of third parties, - to send and save viruses, worms, Trojans and malicious computer codes, files, scripts, agents or programs, - to upload programs that are likely to disturb, impair or prevent the operation, - in an attempt to obtain unauthorized access to our service or to individual modules, systems or applications or to grant them to third parties, - content that contains violence glorifying, pornographic or otherwise offensive or punishable content, - incorrect and / or incorrect information, - posts are abused as advertising space, - seekers are made aware of an offer by inconcrete or even false information (including incomplete offers, false information), - forwarding of interested parties to paid Internet or telephone services (in particular 0900 numbers). For recurring violations, we reserve the right to block or delete your account. Already made payments cannot be refunded in this case.
7.5. Profile data
You are obliged to keep the content and profile information you have posted up to date and to inform us immediately about any abuse or misuse of your profile.
7.6. Mandatory information for advertisements
As a provider, you have to ensure that you fulfil the necessary mandatory information (in particular imprint obligation) for your advertisements and provide them properly. We do not become contract partners ourselves in the contracts concluded between you and a prospective customer through our platform, but merely provide the platform for the advertisement and contact / advice. You will be informed immediately about a successful booking.
7.7. Behaviour of the prospective customer
Recording while providing the services of our providers is not permitted and may result in exclusion from our platform. Already paid fees cannot be refunded in this case.
7.8. Regulatory guidelines for consulting services
It is expressly forbidden for our suppliers to issue recipes via the platform or to make diagnoses. In addition, treatments should only be performed on-site (for example in the surgery or clinic) with the respective doctor. Only a general advice is to be performed, which is not to be understood as a substitute for medical treatment. The treatment by a local doctor can therefore not be replaced by the consultation. As a provider, you always have to provide information about your availability in your profile, so that the prospective customer can receive timely advice from you. We ourselves do not become party to a contract for a consulting service between the provider and the prospective customer. Therefore, we have no influence on the quality and legality of the consulting service. In addition, no assessment of your clinical picture or a selection of doctors tailored to your needs is carried out by us. Before making a booking, you must inform yourself which provider is most suitable for you and most closely matches your request. During the consultation, it is up to you to decide what information you will disclose to your doctor. Our providers do not owe any concrete success (for example, improving their state of health) but only perform the consulting services.
7.9. Professional secrecy
You are obliged to keep all information provided to us by you or the prospective customer during the execution of the contract (in particular medical history, findings, treatment plans and personal data) kept secret. As a doctor, you must always comply with the rules of professional secrecy.
7.10. Legal and / or official regulations
You as the provider have to inform yourself beforehand whether your medical consultations are precluded by legal and / or official regulations (for example, the medical fee schedule for doctors).
8. Termination of an account (provider and prospective customer)
The usage relationship for our platform will be completed indefinitely. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice by writing to us. In particular, we reserve the right to delete unsettled accounts that have been inactive for a period of at least six months. Cancelling a provider account for which consulting services are still pending is only possible for important reasons. With the termination of the contract of use, the profiles and contents assigned to the account are also deleted. With the termination of the provider account, the contract on the commission system is completed.
9. Content usage
By posting content in the database, you grant us the right to use this content indefinitely for the recruitment and provision in the database and the retrieval and storage by third parties, in particular the content to save, reproduce, hold ready, transmit, to link and publish. This can also be done by or in the form of advertising material (in particular the linking on social networks, the use for commercials, the use for your own website or in printed form, etc.) by us or by third parties. Here, the originator explicitly renounces their name. We also have the right to revise the content, especially if it does not meet the aforementioned requirements of these terms.
10. Reviews
10.1. In General
We give you the opportunity to rate the offers and services of our providers. In doing so, you are obliged to give the information to the best of our knowledge and belief. Evaluations submitted can be reviewed editorially for their admissibility. We have the right, but not the obligation, to publish reviews on our website and make them visible to all its users.
10.2. Abusive or illicit reviews
Abusive or unlawful reviews and evaluations will be deactivated or deleted by us without prior notice. Such are especially given if false, insulting or other infringing information is made use of, or if the reviews are misused as advertising space.
11. Usability of the services
11.1. Further development of the services / availability
We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the customer, with the interests of the contractual partner taken into account. We are also entitled to interrupt the website operation for purposes of updating and maintenance work partially or completely within reasonable limits. We also do not guarantee the availability of the services offered at any time and do not guarantee that the services offered or parts thereof can be made available and used from any location.
11.2. Technical requirements
Use of the website requires compatible devices (especially a functioning internet access). It is your responsibility to put the device in a condition that enables the use of the website services.
12. Liability
12.1. Legal disclaimer
We and our legal representatives and vicarious agents are liable only for intent or gross negligence. Insofar as essential contractual obligations (as a consequence of which such obligations are of particular importance for the achievement of the purpose of the contract) are also affected, slight negligence is also liable. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.
12.2. Liability provisions
The above disclaimer does not apply to liability for damage resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.
12.3. newh1494
We perform effective backups as part of the provision of services, but do not assume any general data security guarantee for the data you provide. You are also responsible for periodically making appropriate backups of your data to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide data backup with the requisite expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.
12.4. Liability for contents and consulting services
As the operator of the website we are not liable for incorrect information of the users in their contributions or profiles and for the consulting services of our providers. A review of the content posted on our site (especially with respect to the infringement of rights of third parties) and a review of the consulting services of our providers does not take place. However, should we become aware of any erroneous, inaccurate, misleading or unlawful information / advice, we will promptly review and if necessary remove or exclude the provider from our platform. In addition, we assume no responsibility for the accuracy, timeliness, completeness, quality or legality of non-originating content / consulting services. We only provide our platform.
13. Data protection
13.1. In General
Personal data collected and processed by us within the framework of the conclusion of contract and the execution of contract are used exclusively for the purpose of establishing the contract, as regarding the content, execution or execution of the contractual relationship (Art. 6 I b EU-DSGVO). They are generally not passed on to third parties. Only for the fulfilment of the contract will the data be forwarded to the shipping company responsible for the delivery, insofar as this is necessary for the delivery of ordered goods. For the settlement of payments, the payment data required for this purpose are forwarded to the credit institution commissioned with the payment and possibly to the commissioned and chosen payment service provider (we use the payment service provider Powerpay 21, operated by the Heidelberger. The use of personal data is therefore only to the extent necessary or if we are required by law or by court order or, if necessary, in a lawful manner to prevent improper use contrary to the General Terms and Conditions.
13.2. Storage
We store your personal data after the completion of the purpose for which the data was collected, only as long as required by law (in particular tax law).
13.3. Your rights regarding your data
13.3.1. Information
You may demand information from us about whether we process personal data of you and if so you have a right to information about these personal data and to the other information mentioned in Art. 15 EU-DSGVO.
13.3.2. Right of Rectification
You have the right to the rectification of incorrect personal data relating to you and may request the completion of incomplete personal data in accordance with Art. 16 EU-DSGVO.
13.3.3. Right to Deletion
You have the right to demand that the personal data concerning you be deleted immediately. We are obliged to delete them immediately, especially if one of the following reasons applies: • Your personal information is no longer necessary for the purposes for which it was collected or otherwise processed. • You revoke your consent to the processing of your data and there is no other legal basis for its processing. • Your data was processed unlawfully. The right to delete does not exist if your personal data is necessary for the assertion, exercise or defence of our legal rights.
13.3.4. Right to the Restriction of Processing
You have the right to require us to restrict the processing of your personal data if • you deny the accuracy of the data and we therefore check the accuracy, • the processing is unlawful and you refuse the deletion and instead demand the restriction of use • we no longer need the data, but you need it to assert, exercise or defend your rights, • You have objected to the processing of your data, and it is not yet clear whether our legitimate reasons outweigh your reasons.
13.3.5. Right to Data Portability
You have the right to receive the personal information that you have provided us in a structured, common and machine-readable format and you have the right to transfer this data to another person without hindrance from us, provided the processing is based on your consent or a contract and processing is done by us using automated procedures.
13.3.6. Right of Withdrawal
As far as the processing of your personal data is based on consent, you have the right to revoke this consent at any time..
13.3.7. General and the Right to Appeal
The exercise of your preceding rights is generally free of charge. You have the right to contact the responsible supervisory authority, the state data protection officer, directly in case of complaints.
13.4. Responsible body / contact for data protection
To contact us regarding privacy, please feel free to do so using the contact information below. Responsible within the meaning of the EU-DSGVO: PPG-Doctors AG Talacker 41 8001 Zürich Switzerland Email: [email protected] Phone: +41 435082604
14. Final provisions
14.1. Place of jurisdiction
Our place of business is the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
14.2. Choice of law
Unless mandatory statutory provisions in accordance with your home law are opposed to it, the Swiss law shall apply, excluding the UN Sales Convention, as agreed.
14.3. EU consumer dispute settlement
The European Commission has an online-platform for the online-settlement of disputes regarding contractual obligations in online-contracts (OS-Platform). You can visit the OS-platform under the following link: http://ec.europa.eu/consumers/odr/. We are not willing to and not obliged to take part in any dispute settlement procedures in front of a consumer arbitration board.
14.4. Severability clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.