Nutzungsbedingungen

Präambel

Die nachfolgenden Allgemeinen Geschäftsbedingungen gelten für alle Leistungen, die die Clinigo GmbH unter der Internetseite https://www.liberation-express.com/ (nachfolgend „Liberation-Express“) anbietet.

1. Subject matter of the agreement

liberation-Express is a telemedicine platform that allows users to obtain an expert opinion pursuant to No. 80 of the Official Scale of Doctors’ Fees from one of the doctors who cooperate with liberation-Express. The subject matter of the expert opinion is the doctor's independent evaluation as to whether the patient may be exempt from vaccination due to an allergy to one or all components of COVID-19 vaccines. If an allergy cannot be ruled out definitively, the doctor can issue a temporary vaccination exemption for up to six months while also recommending professional verification by an allergy specialist. The fee to prepare an expert opinion is EUR 20.00 in accordance with the latest Official Scale of Doctors’ Fees.

2. Conclusion of the agreement

1. The agreement for preparation of an expert opinion by one of liberation-Express’ partner doctors is concluded exclusively between liberation-Express GmbH and the user once the user registers on the website operated by liberation-Express GmbH at www.liberation-express.de.
2. The agreement for preparation of an expert opinion is concluded exclusively between the user and the doctor referred by liberation-Express. Once the user enters details regarding their age and gender as well as identity on the liberation-Express platform, the doctor will have all of the information required to prepare the expert opinion.
3. The user acknowledges that the data entered by the user will be stored and processed and transmitted to liberation-Express’ cooperating doctors.
4. The user indemnifies the doctor who prepares the opinion from his or her duty of doctor-patient confidentiality in order to send the opinion via liberation-Express to the user; the opinion can be stored.
5. The user is obliged to provide accurate information about their identity and to verify same by providing their ID number, mailing address, e-mail address and mobile phone number.
6. Further proof of identity is provided through the payment process, as payment can be made only via the user's own bank account or credit card, thereby enabling us to determine the user's actual identity at any time.
7. The expert opinion and/or official vaccination exemption is non-transferable and applies only to the specific user.

3. Right of cancellation and instruction

1. Users do not have the right to cancel the agreement concluded with liberation-Express and with the doctor.
2. The individual expert opinion prepared by a doctor is a service tailored to the personal circumstances of the consumer and cannot be used by another person.

4. Payment

1. For preparation of the expert opinion, the user pays EUR 20.00 including VAT in accordance with the latest Official Scale of Doctors’ Fees, No. 80.
2. Payment is made via payment services provider Mollie. For this purpose, the user must enter the e-mail address and, depending on the payment method chosen, their credit card or bank account details as well. Payments cannot be made in cash.

5. Liability of the provider

1. liberation-Express assumes no liability for the quantity or quality of the services provided by the doctors or for the information provided by the users themselves.
2. liberation-Express shall be liable in all cases of contractual and non-contractual liability for intent or gross negligence pursuant to the legal provisions regarding compensation for damage or replacement of wasted expenditures.
3. In other cases, liberation-Express – unless otherwise stipulated in No. 4 – shall be liable only for breach of a contractual obligation if its fulfilment is a condition precedent for proper performance of the agreement and if the users can ordinarily rely on the performance (so-called cardinal obligations), limited to reimbursement of the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in No. 4.
4. The above limitations and exclusions of liability are without prejudice to the liability of liberation-Express for loss due to injury of life, limb or health and under Germany's Product Liability Act.
5. The above restrictions shall also apply to the legal representatives and vicarious agents of liberation-Express if claims are asserted directly against them.

6. Contract language, storage of contract text

1. German shall be the exclusive contract language.
2. Prior to conclusion of a user agreement, the terms of use and data privacy statement can be printed using the browser’s print function or stored electronically. We do not store the contract text.

7. Amendments to these terms of use

1. liberation-Express is committed to continually updating and improving the services and products offered while also adapting them to technological advancements in order to provide its customers with innovative services. In order to account for the resulting updates to the organisational and procedural requirements, to disclose any revisions of the rights and obligations of the parties to the agreement, and to adapt them to the latest legal developments and legislation, liberation-Express can modify less relevant provisions to these terms of service to a reasonable extent for the users tested, provided that this modification does not result in a revision of the overall contract framework.

8. Data protection

1. The provider complies with the legal requirements on data protection. The data protection provisions of the provider can be found at liberation-express/datenschutz.php.

9. Final provisions

1. The parties agree that amendments or supplements to these Terms of Use must be made in writing and that no collateral agreements will be made verbally.
2. If any provisions of the terms of contract are or become invalid, this shall not affect the validity of the remaining terms of contract. The invalid provision must then be replaced by a valid one that comes closest to the economic intent of the parties. The same applies to any loopholes in the agreement.
3. These terms are subject exclusively to the rights of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and has their usual residence in another country at the time they schedule their appointment, the application of mandatory legal regulations of this country shall not be affected by the choice of law and jurisdiction in Sentence 1.
4. If the party to the contract is a merchant, a corporate body under public law or a special fund under public law, the place of jurisdiction for all disputes relating to the contractual relationships between the user and the provider shall be Hamburg.


Version 21.12.2021
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