Here you will find the general terms and conditions that apply to you.
General Terms and Conditions (GTC) for Medical Partners
Here you will find the general terms and conditions that apply to you
General terms and conditions for participation in care management by Ambulanzpartner Soziotechnologie APST GmbH and for use of the Ambulanzpartner care portal
Published on 1 January 2018
For the sake of readability, we have refrained from using both masculine and feminine forms. However, all personal pronouns refer to both genders.
People with chronic illnesses can have high and complex needs for medical aids, medicines, and nursing care. A critical aspect of outpatient treatment is the coordination of necessary care and the coordination of the involved service providers. Ambulanzpartner addresses these needs and embodies a concept of digitally supported care management based on a combination of coordination, information technology, and other services with the digital management platform „Ambulanzpartner Care Portal“ (hereinafter referred to as „APVP“).
Ambulanzpartner Soziotechnologie APST GmbH (hereinafter referred to as „APST“) offers care management services that facilitate coordination and networking between patients (and their families), medical partners (physicians, social services), medical aid and treatment providers, and nursing providers. The APVP internet platform is the communication and management platform on which all APST services are digitally mapped. It links an electronic care record with digital process control for the purpose of care management.
In providing the APVP internet portal and related services, APST collaborates with Charité – Universitätsmedizin Berlin (hereinafter referred to as „Charité“). APST and Charité cooperate on hosting the APVP, including data protection and data security, as well as for the purposes of health services research.
1. Scope
1.1 These General Terms and Conditions of Use (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 APST’s medical partners are individuals who support patients in determining or fulfilling their care needs, but are not themselves providers of medical aids, medical supplies, or nursing services. Medical partners include physicians, social service employees, or other individuals authorized by the patient to support their own care. Medical partners are authorized as users of the platform and receive individual user accounts. The legal basis for this arises from the individual agreements concluded upon conclusion of the contract and these Terms and Conditions. The use of the APVP software product by patients and providers is also permitted and is governed by separate Terms and Conditions for patients and care partners.
1.3 By registering with APST, the Medical Partner agrees to the Terms and Conditions and the Privacy Policy. APST reserves the right to amend these Terms and Conditions at any time and without stating reasons. The amended terms and conditions will be sent to the patient (or legal representative) by email one month before they come into effect, to the email address last provided to APST and saved on the APVP. If the user does not object within 14 days of receiving the email, the amended terms and conditions are deemed accepted and govern the future contractual relationship between the user and APST. If the user objects, the contract will terminate in accordance with the provisions of Section 4.2.
1.4 The user may not transfer the rights and obligations arising from this agreement. Assignment of rights is excluded.
2. Subject matter and services
2.1 APST provides services for care coordination, data and document management, and networking between patients, medical partners, and providers. A detailed description of the services, including the terms of use, can be found in the service description.
2.2 APST provides medical partners with the APVP internet platform for optional use. APVP is a structured database with an associated internet portal that allows for the electronic capture, storage, and processing of patient- and care-related data, as well as digital support of 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, user roles and authorizations, and the terms of use can be found in the service description.
2.3 The APST supports the Medical Partners in using the APVP. The APST offers a telephone briefing prior to using the portal and, if necessary, additional training courses, which are agreed upon individually.
2.4 With the patient’s written consent, the Medical Partner will be granted access to, process, and use the patient’s data. The patient is free to revoke an initially given consent at any time, with immediate effect, 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 listed in 2.1 and the APVP software requires the conclusion of a user agreement. This contractual relationship is established upon the Medical Partner’s completed registration.
3.2 By concluding the contract, the Medical Partner declares his agreement to these General Terms and Conditions, the Data Protection Declaration (Section 8.3) and the Service Description.
3.3 The Medical Partner warrants that the information provided during the contract conclusion is complete and correct. In the event of a breach, APST is entitled to immediately block the customer’s user account.
4. Term and termination of the contract
4.1 The contractual relationship is concluded for an indefinite period.
4.2 Either party may terminate the contract at any time with four weeks‘ notice to the end of a month. Termination must be declared in writing or in text form.
4.3 Both 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 parties.
5. Patient obligations and safety recommendations
5.1 The Medical Partner is obligated to protect their access data (username, password) carefully and as if it were valuables, from unauthorized access by third parties. The User is expressly recommended to use antivirus, antispyware, and firewall software, as well as current browser versions. If the User uses outdated browser versions, the correct display of the APVP software may be limited. In this case, the User can obtain information about suitable browsers and their versions from APST.
5.2 The Medical Partner undertakes not to post any illegal content on the APVP or to make it accessible to third parties, for example, through forums, chat rooms, email, or spam. Violations of the contractual usage restrictions entitle APST to take appropriate remedial measures, up to and including blocking the user account. In this case, the user will be informed immediately of the type, duration, reason, and extent of the blocking.
5.3 The accuracy of the data and information provided by the Medical Partner influences the value of the contractual services provided by APST. The Medical Partner therefore expressly indemnifies APST against any claims for compensation from third parties who have relied on the completeness, accuracy, and timeliness 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 as well as 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 authorized by them.
6.3 The use of the services described in the service description for utility partners as well as the use of the APVP software by suppliers is subject to a fee for utility 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 regarding data protection and data security. Based on these provisions, APST is obligated to protect all patient- and care-related data.
7.2 APST takes all organizational and technical precautions required by current standards to comply with data protection requirements, in particular to protect patient data against unauthorized 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 consents to the collection, processing and use of his data by APST, the patients, the medical partners and care partners within the scope of the contractually agreed purposes and in accordance with a separate data protection declaration.
7.4 The Medical Partner undertakes to use patient data only for the contractually agreed purposes and to keep the data strictly confidential. A breach of these obligations constitutes grounds for extraordinary termination by APST (Section 4.3). APST’s further rights remain unaffected.
8. Liability
8.1 In the event of intent or gross negligence, APST shall be liable without limitation for all damages caused by APST, its legal representatives and/or vicarious agents.
8.2 In the event of slight negligence, APST shall be liable without limitation for injuries to life, body or health caused by APST, 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 if 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 damages.
9. Rights of use
9.1 APST grants the Medical Partner a simple (non-sublicensable and non-transferable) right of use for the APVP software for the use of the APVP internet portal and the associated data, limited to the term of the contract.
9.2 The Medical Partner is only authorized to use the APVP Internet portal in accordance with the contractual provisions. The software is not transferred to the Medical Partner.
9.3 The Medical Partner is not authorized to make the contractual service available to third parties for use. The user is therefore expressly prohibited from subletting the contractual APVP internet portal.
10. Reviews
10.1 The APST provides patients and persons authorized by the patient with rating software for rating Medical Partners on the APVP. The results of the ratings are published in aggregated form and without mentioning the patients by name on the APVP homepage or subpages. The user hereby agrees to this in accordance with the following provisions.
10.2 The APST ensures that patients can only rate Medical Partners if they have actually received care from that Medical Partner. Each patient can rate a Medical Partner a maximum of once per care session.
10.3 Reviews must be objective and must not contain any infringing content. APST is not liable for the accuracy, quality, or completeness of reviews. APST will remove inappropriate or infringing reviews upon reasonable notification.
11. Severability Clause
Should any provision of this 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 one that comes as close as legally possible to the purpose pursued by the invalid or void provision. This also applies to any gaps in the contract.
12. Miscellaneous
12.1 Unless otherwise provided in these Terms and Conditions, 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 laws of the Federal Republic of Germany 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.
