Here you will find the General Terms and Conditions that apply to you.
Here you will find the General Terms and Conditions that apply to you
General Terms and Conditions for Participation in Care Management by APST and for Use of the APST Care Portal
Published on January 1, 2018
For reasons of better readability, the simultaneous use of male and female language forms is avoided. All personal designations nevertheless apply to both genders.
People with chronic illnesses can have high and complex needs for the provision of aids and remedies as well as care. A critical aspect of outpatient treatment is the coordination of the necessary care and the coordination of the service providers involved. APST addresses these needs and embodies a concept of digitally supported care management based on a combination of coordinative, information technology and other services with the digital management platform “APST Care Portal” (hereinafter referred to as “APVP”).
Ambulanzpartner Soziotechnologie APST GmbH (hereinafter referred to as “APST”) offers care management services that serve to coordinate and network between patients (and their relatives), medical partners (doctors, social services), as well as aid and remedy providers and nursing care providers. The APVP Internet platform is the communication and management platform on which all APST services are digitally mapped. It combines an electronic care record with digital process control for the purpose of care management.
APST works together with Charité – Universitätsmedizin Berlin (hereinafter referred to as “Charité”) to provide the APVP internet portal and associated services. APST and Charité cooperate in hosting the APVP, including data protection and data security, and for the purpose of healthcare research.
1. scope of application
1.1 These General Terms and Conditions of Use and Business (GTC) apply to the use of APST services and the use of the APVP internet platform by Medical Partners (hereinafter also referred to as “Users”).
1.2 Medical partners of APST are persons who support patients in determining or fulfilling their care needs, but who are not themselves providers of medical aids and remedies or care services. The group of medical partners includes doctors, employees of social services or other persons who have been authorised by the patient to support their own care. Medical partners are authorised as users of the platform and receive individual user accounts. The legal basis for this is set out in the individual agreements made when the contract is concluded and in these GTC. The use of the APVP software product by patients and care providers is also provided for and is regulated in separate GTC for patients and care partners.
1.3 By registering with APST, the Medical Partner agrees to the GTC and the Privacy Policy. APST reserves the right to amend these GTC at any time and without stating reasons. The amended terms and conditions will be sent to the patient (or legal representative) by e-mail one month before they come into force to the e-mail address last provided to APST and stored on the APVP. If the user has not objected within 14 days of receiving the e-mail, the amended terms and conditions shall be deemed to have been accepted and shall govern the future contractual relationship between the user and APST. If the user objects, the contract shall end in accordance with the provisions of section 4.2.
1.4 The user may not transfer the rights and obligations arising from this contract. The assignment of rights is excluded.
2 Subject matter of the contract and services
2.1 The APST provides services that serve the coordination of care, data and document management and the networking of patients, medical partners and providers. A detailed description of the services, including the terms of use, can be found in the service description.
2.2APST provides Medical Partners with the APVP internet platform for optional use. APVP is a structured database with an associated Internet portal that allows the electronic recording, storage and processing of patient and care-related data as well as digital support for care processes. Access to the portal(ambulanzpartner.de) is via a personal username and password combination. The features of the digital platform, the data collected, the user roles and authorisations, as well as the terms of use, can be found in the service description.
2.3 APST supports the Medical Partners in the use of the APVP. Before the portal is used, APST offers a telephone briefing and, if necessary, further training, which is arranged individually.
2.4 With the written consent of the patient, the Medical Partner is authorised to view, process and use the patient’s data. The patient is free at any time to revoke an initially given consent with immediate effect and without giving reasons.
2.5 The Internet connection and the web browser are not part of the contractual relationship between the supplier and APST.
3. Conclusion of contract
3.1 The use of the services specified in 2.1 and the APVP software requires the conclusion of a user agreement. This contractual relationship shall come into effect through a completed registration by the Medical Partner.
3.2 By concluding the contract, the Medical Partner declares its agreement with these GTC, the data protection declaration (Section 8.3) and the service description.
3.3 The Medical Partner warrants that the information provided by it when concluding the contract is complete and correct. In the event of a breach, APST shall be entitled to block the customer’s user account immediately.
4. Term and termination of the contract
4.1 The contractual relationship is concluded for an indefinite period.
4.2 Both contracting parties may terminate the contract at any time with a notice period of four weeks to the end of a month. The termination must be declared in writing or in text form.
4.3 Both contracting parties are entitled to extraordinary termination for good cause, in particular in the event of a material breach of contract in which the continuation of the contract becomes unreasonable for one of the contracting parties.
5 Patient obligations and safety recommendation
5.1 The Medical Partner is obliged to protect its access data (username, password) carefully and like valuables from unauthorised access by third parties. The User is expressly recommended to use antivirus, antispyware and firewall software as well as up-to-date browser versions. If the user uses outdated browser versions, the correct display of the APVP software may be restricted. In this case, the user can obtain information from APST about suitable browsers and their versions.
The Medical Partner undertakes not to post any unlawful content on the APVP or make it accessible to third parties, for example, through forums, chat rooms, e-mail or spam. Violations of the contractual restrictions on use shall entitle APST to take appropriate remedial measures, including blocking the user account. In this case, the user shall be informed immediately of the type, duration, reason and scope of the blocking.
5.3 The accuracy of the data and information provided by the Medical Partner influences the value of the contractual services of APST. The Medical Partner therefore expressly indemnifies APST against claims for compensation by third parties who have relied on the completeness, accuracy and up-to-dateness of the data and information.
6. costs of using APST services and software
6.1 The use of the services described in the Service Description for Medical Partners and the use of the APVP software is free of charge for Medical Partners.
6.2 The use of the services described in the service description for patients and the use of the APVP software is free of charge for patients and the persons authorised by them.
6.3 Utilisation of the services described in the service description for supply partners and use of the APVP software by suppliers is subject to a charge for supply partners.
7. Data security, consent to data processing, protection of patient data
7.1 APST is subject to the legal provisions of the Federal Republic of Germany on data protection and data security. On the basis of these provisions, APST is obliged to protect all patient and care-related data.
7.2 APST takes all organisational and technical precautions required by current standards in order to comply with data protection requirements, in particular to protect patient data against unauthorised access by third parties. The transmission of stored data via the World Wide Web (www) from the server to the patient’s computer and vice versa is carried out using the SSL encryption standard.
7.3 The Medical Partner expressly declares its consent to the collection, processing and use of its data by APST, the patients, the medical partners and care partners within the scope of the contractually stipulated purposes and in accordance with a separate data protection declaration.
7.4 The Medical Partner undertakes to use the patient data only for the contractually agreed purposes and to keep the data strictly confidential. Any breach of these obligations shall constitute grounds for extraordinary termination by APST (Section 4.3). Further rights of APST remain unaffected.
8. Liability
8.1 APST shall be liable without limitation for all damage caused by APST and its legal representatives and/or vicarious agents in the event of intent or gross negligence.
8.2 In the event of slight negligence, APST shall be liable without limitation for injury to life, limb or health caused by APST and its legal representatives and/or vicarious agents.
8.3 Liability under the Product Liability Act remains unaffected.
8.4 Otherwise, APST shall only be liable insofar as a guarantee of quality has been assumed, or a material contractual obligation (cardinal obligation) has been breached. The term “cardinal obligation” refers abstractly to those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the patient may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
9. Rights of use
9.1 APST grants the Medical Partner a non-exclusive (non-sublicensable and non-transferable) right to use the APVP software for the term of the contract for the use of the APVP Internet portal and the associated data.
9.2 The Medical Partner shall only be entitled to use the APVP Internet portal in accordance with the contractual provisions. The software shall not be made available to the Medical Partner.
9.3 The Medical Partner is not entitled to make the contractual service available to third parties for use. The user is therefore expressly not permitted to sublet the contractual APVP Internet portal.
10. Ratings
10.1 APST provides patients and persons authorized by the patient with evaluation software for the evaluation of medical partners on the APVP. The results of the evaluations are published in aggregated form and without naming the patients on the start page or subpages of the APVP. The user agrees to this in accordance with the following provisions.
10.2 APST ensures that patients can only rate Medical Partners if they have actually received care from the Medical Partner. Each patient can rate a Medical Partner a maximum of once per treatment.
10.3 The reviews must be objective and must not contain any content that violates the law. APST is not liable for the accuracy, quality or completeness of the reviews. APST will remove inappropriate or infringing reviews if there are justified indications.
11. Severability clause
Should a provision of the contract be or become invalid or void, this shall not affect the validity of all other provisions. The invalid or void provision shall be replaced by a valid provision that comes as close as legally possible to the purpose of the invalid or void provision. This also applies to any loopholes in the contract.
12. Miscellaneous
12.1 Unless otherwise stipulated in these GTC, all amendments or additions to the contract must be made in writing. This also applies to any waiver of the written form requirement.
12.2 The law of the Federal Republic of Germany shall apply. If the user is a merchant, a legal entity under public law or a special fund under public law, the registered office of APST shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.