Terms of Service
1.1 These TS apply to the contractual relationship between the company Medizinio GmbH, Schwarzer Bär 2, 30449 Hannover, registered at the local court Hannover HRB 215837 (hereinafter: Medizinio) and the users of the online portal of Medizinio (hereinafter called website), as well as all sub-pages. However, they only apply insofar as no deviating regulation has been made by individual agreement.
1.2 Users mentioned in these Terms of Service are interested parties who post an inquiry in the Medizinio online portal (hereinafter: interested parties) or contact Medizinio in another way, manufacturers of medical equipment or companies with the aim of selling medical equipment (hereinafter: partners), which register in the yellow pages, which receive the contact data of interested parties (hereinafter: "leads") from Medizinio. The terms of service apply accordingly to other companies. By using Medizinio, a contract is concluded with Medizinio for the use of the Medizinio online portal.
Medizinio.de (hereinafter referred to as website) is operated by Medizinio GmbH (hereinafter referred to as "Medizinio"). The services on Medizinio.de are described in more detail below.
1.3. Medizinio.de addresses itself particularly to independent physicians, persons which are active in healthcare, to hospitals and clinics and similar enterprises and service providers (in the following: Prospective customers). Medizinio.de supports them in the selection of providers and the purchase of equipment, software and services. The offer is explicitly not aimed at patients or private persons.
2. Services from Medizinio
2.1 Medizinio operates an online portal to inform interested parties about medical equipment. Texts, graphics and tables are to be seen for the prospective customer only as assistance and do not replace the consultation before the purchase of suitable medical technology. Limited or also incorrect information input by the prospective customer into the inquiry form of Medizinio may lead to inaccurate results.
2.2 Medizinio checks the correctness of submitted inquiries to the best of its capacity and, when deemed true, forwards them to suitable partners. The partners will then submit offers to the relevant interested parties. Here Medizinio will predominantly fall back on partners who are registered at the Medizinio online portal. However, Medizinio is also entitled to arrange other companies to submit offers.
2.3 Even if the interested party goes through the inquiry form and calls Medizinio by telephone, an inquiry into the Medizinio online portal merely represents a non-binding invitation to submit offers and is not yet a binding contractual declaration. The interested party bears sole responsibility for ensuring that the information required for the preparation of an offer is entered correctly and completely in the enquiry form and the corresponding contact form. After receipt of any offers, the interested party decides for himself whether and to whom he awards the contract.
2.4 Medizinio exclusively takes over the mediation of contact between interested parties and partners. Neither the conclusion of the requested contract for the provision of services nor the successful execution of the contract is owed by Medizinio. Medizinio itself does not offer any articles and possible contracts because the relaying of contacts are only concluded between the respective interested parties and partners involved.
2.5 Medizinio will only refer inquiries to partners who have promised to comply with the current standards of their industry. Medizinio includes the performance features of each partner in the Medizinio online portal, but cannot check in detail whether a partner who submits an offer is suitable to carry out the order. The interested party, however, has the possibility to access the testimonials of other interested parties and proven qualifications of partners through the Medizinio seal in the Medizinio online portal.
Medizinio does not check the approval or legality of the equipment or offers. Medizinio prefers to work with established companies, but accepts no liability for the selection. There may be cheaper offers, more suitable equipment or better suppliers within the EU for a specific request. Medizinio selects on the basis of the seller's information and the user's request. This is done by sending the complete inquiry to selected sellers. If Medizinio cannot find a suitable seller, this will usually be communicated to the user by email. The seller will contact the user directly. Legal transactions, liability cases, etc. arising from the contact mediation are the sole responsibility of the buyer and seller. Medizinio can not be held liable for damages incurred by the buyer or seller or third parties from these transactions.
2.6 Articles and contents published by sellers via the website do not represent the opinion of Medizinio and are generally not checked by Medizinio for their legality, correctness and completeness. In the event that Medizinio itself publishes content, this is based on external information. Although Medizinio researches carefully, Medizinio assumes no liability for these contents. In principle, it applies to all content (texts, graphics, tables and videos) on medizinio.de that the medical information on this website may under no circumstances be regarded as a substitute for professional advice or treatment by trained and recognized doctors. The content of medizinio.de cannot and may not be used to independently make diagnoses or initiate, discontinue or change treatments.
2.7 The right of users to use the website exists only within the framework of the current state of the art. Medizinio temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and if this serves the proper or improved provision of the services (maintenance work).
3. Rights and Obligations of Interested Parties
3.1 Browsing the online tools of Medizinio and the placing of inquiries in the Medizinio online portal is free of charge for the interested parties. In principle, however, only serious inquiries may be made and these will be checked by Medizinio to the best of its capacity. The inquiries are determined by the inquiry form of Medizinio and subsequently finalized on the platform between Medizinio and prospective customer.
3.2 The interested party is responsible for the correctness and completeness of the information provided within the scope of an inquiry. If he is not sure which information is necessary to submit an offer, this can be clarified in a subsequent telephone call with Medizinio, so that the possibility to offer different alternatives exists.
3.3 If inquiries run contrary to the above specifications or if there are indications that the rights of third parties are being violated, Medizinio is entitled, at its discretion, to delete either parts or entire inquiries.
4. Rights and Obligations of Partners
4.1.1 To use the Medizinio online portal, you must register as a partner in the Medizinio online portal. For partners, registration on the Medizinio online portal in the yellow pages is permanently free of charge. The partner is obliged to provide proper and accurate information when registering. During the partnership, the partner must inform Medizinio immediately and unsolicited of any changes to the data. Medizinio is entitled to terminate a partnership if the partner does not fulfil his obligations.
4.1.2 Registration as a partner is only permitted if the partner offers goods or services in a business context in a legally permissible manner. A valid business registration or a comparable official document proving an existing business must be available for the activities of the partners. If necessary for the activity, a corresponding insurance (e.g. public liability) must also be available.
4.1.3 Medizinio is entitled to demand suitable proof of the above prerequisites before registration. In addition, the registration as a partner or the activation of the complete functionality may be made dependent on the conclusion of a quality agreement. Companies may only register once in the Medizinio online portal. If multiple registration nevertheless takes place, Medizinio is entitled to terminate the partnership and delete the associated account.
4.1.4 The partner is obliged to provide Medizinio with an e-mail address. Medizinio is entitled to send explanations to be made to the partner to this e-mail address, unless a stricter form is mandatory by law or agreement. The Partner must ensure that e-mails sent to the e-mail address in question are actually received. In particular, he must ensure that the e-mails are not rejected, for example because the permitted storage volume is exceeded by the provider used or automated filters (so-called spam filters) are activated.
4.1.5 Medizinio works particularly closely with selected and personally tested manufacturers and sales organisations that meet the high quality standards of Medizinio. This close cooperation between Medizinio and partners is regulated in separate cooperation agreements and always includes an additional, personal qualification process compared to the sole entry of partners in the yellow pages.
4.1.6 The partnership may be terminated by either party at any time without a waiting period by giving written notice.
4.2 Regulations for Partners
4.2.1. Medizinio passes on inquiries from interested parties to partners after the interested parties have been comprehensively advised by Medizinio and the lead has thus been qualified.
4.2.2 The partner is only entitled to use the Medizinio online portal operated by Medizinio using the usual programs (internet browsers). In particular, the use of automated software (e.g. script programs) is not permitted. This applies in particular if the use of this software serves to generate or obtain certain data.
4.2.3 Medizinio is entitled to set up an evaluation system with which the interested parties can evaluate the partners. If a prospective customer participates in this evaluation system, he is obliged to provide only truthful information and to observe the applicable law. The information must be factual and may only refer to the person to be evaluated. An examination of the accuracy of the content by Medizinio does not take place. However, Medizinio is entitled to delete evaluations or parts of evaluations if there are indications that the rights of third parties are being violated.
4.2.4 It is prohibited by law to copy and otherwise use contents of the Medizinio online portal without the prior explicit consent of Medizinio.
4.2.5 The lead is forwarded to the partners for a fee.
4.2.6 The more detailed terms and conditions of the close partnership between partners and Medizinio are regulated in separate cooperation agreements.
5. Limitation of Liability
5.1 Medizinio is liable to companies only in the event that the legal representatives, executive employees or other assisting agents are guilty of intent or gross negligence.
5.2 Medizinio is only liable to interested parties or consumers in the case of intent or gross negligence. This does not apply in the case of injury to life, body or health. In the event of a breach of essential contractual obligations, debtor's default or an impossibility for which Medizinio is responsible, Medizinio shall be liable for any culpable conduct on the part of its employees and assisting agents. In particular, Medizinio is in no way liable for results or recommendations for action from free consulting services which an interested party makes use of. Liability claims, warranties and guarantees arise for interested parties exclusively vis-à-vis partners from such legal transactions which interested parties enter into directly with partners.
5.3 The liability of Medizinio is generally limited to the compensation of the typical and foreseeable damage. Medizinio is not liable for damages that have not arisen directly from the use of the Medizinio online portal and also not for other financial losses such as lost profit. In relation to consumers, these limitations of liability do not apply, both for damage resulting from injury to life, body or health and other damage resulting from an intentional or grossly negligent breach of duty by legal representatives, executives or other assisting agents of Medizinio.
5.4 Medizinio is not responsible under liability law for breaches of duty arising in the context of any contractual relationship between the interested party and Medizinio-Partner. The user indemnifies Medizinio internally from all claims which another user asserts against Medizinio from breaches of duty by the user. The user also exempts Medizinio from all claims of other users and third parties which are asserted against Medizinio due to a violation of rights by the contents posted by the user in the Medizinio online portal and/or due to its use by the user. Upon first request, the user assumes all costs incurred by Medizinio as a result of such an infringement, in particular the costs incurred for legal defence. This does not apply if the user is not responsible for the infringement. Further claims by Medizinio remain unaffected.
5.5 The aforementioned disclaimers and limitations of liability shall not apply insofar as they conflict with mandatory statutory provisions.
6. Data Protection
The collection, processing and storage of data takes place exclusively in accordance with the provisions of German data protection law and EU GDPR. You can read more about Data Protection and Encryption at any time on the Medizinio online portal.
7. Transfer of Rights and Obligations to a Third Party
Medizinio is entitled to transfer the rights and obligations arising from the contractual relationship in whole or in part to a third party without notice. In the event of partial or complete transfer of the rights and obligations to a third party, the user is entitled to terminate the contractual relationship at the time of transfer.
8. Amendment of the Terms of Service
Medizinio reserves the right to change these TS at any time and without stating reasons. Partners and online partners will be notified of changes by e-mail or in writing at least two weeks before they come into effect. If partners, medical partners and online partners do not object to the validity of the new TS within two weeks of receipt of the notification, the amended TS shall be deemed accepted. Medizinio undertakes, with the notification of the new TS, to point out the significance of the above period including the consequence of the failure to object.
9. Applicable Law & Jurisdiction
The place of jurisdiction for all disputes arising from the use of Medizinio.de is Hanover-Germany.
10. Final Provision - Severability Clause
If a provision of these TS or the other contractual agreements between the user and Medizinio turns out to be invalid or becomes invalid due to subsequent development, the remaining provisions shall remain unaffected. An invalid provision or a possible loophole shall be replaced by the law.