General terms and conditions (GTC)
Thanks to the help of Schoen Clinic’s leading consultants, psychologists and therapists, Schoen Clinic group provides the ability to learn in detail about topics concerning health and medicine at Schoen Clinics. In particular, we provide information about frequently treated diseases, current topics, and invite you to contact the consultant in charge at the respective Schoen Clinic any questions you may have. Utilising these services is subject to these general terms and conditions.
1. Area of validity for these terms and conditions
(1) The homepage www.schoen-klinik.de is an internet service of Schön Klinik SE (referred to in the following as “SKS”). The following general terms and conditions (referred to in the following as “GTC”) to any use of the homepage www.schoen-klinik.de (persons using the internet service shall be referred to as “users”).
(2) The GTC apply insofar as no deviating rules have been laid out in special terms and conditions for certain services (such as the newsletter); if there are contradictory rules, the more special terms and conditions shall take priority.
(3) By using this homepage and its services, you acknowledge these GTC and the special terms and conditions for services. If you do not wish to acknowledge these GTC and the special terms and conditions, you may not use the homepage or services.
(4) Deviating conditions of the user that contradict these general terms and conditions shall not be applicable. The simple lack of an objection on SKS’s part to other general terms and conditions does not constitute agreement to such.
(1) The webpages run by SKS are continually maintained and updated. However, given the abundance of information, errors and gaps cannot be completely ruled out. Therefore SKS does not accept any liability for the currency, completeness or accuracy of information provided through this service; this applies regardless of the nature of the damage or loss incurred.
(2) SKS reserves the right to change, expand, modify or completely discontinue this service as far as legally possible regarding form, potential uses, operability and content at any time, in whole or in part and without prior notice.
(3) SKS includes various links to external websites in their internet offer. SKS has no influence over the content of these websites or whether their operators abide by data protection regulations and statutory regulations. A link to another website does not constitute approval or endorsement of the content there. SKS also cannot accept any liability for the currency, accuracy or completeness of these websites and expressly distances themselves from their content. This statement applies to all links and link collections available on SKS servers at present and in the future.
(4) SKS’s webpages are not designed for persons in the USA and Canada or for persons in countries that forbid the possession of or access to the content contained therein. All users are responsible for learning of and abiding by any such restrictions on access to these webpages.
3. Medical information
The medical information on this homepage is not a substitution for advice and/or treatment from consultants, nor may independent diagnoses be made or treatments be started or stopped based on this information.
(1) SKS’s contact function and forums are available to all users. Questions can be asked and opinions expressed here. However, it is not possible for SKS to monitor all forum contributions online, thus SKS does not accept any responsibility for the content, accuracy, completeness or currency of contributions.
(2) External contributions on SKS’s homepage are accessible to everyone. External contributions should be carefully checked before publishing to make sure they do not contain information that is not suitable for the public. External contributions may be captured in search machines and made accessible to the world without directly visiting this website.
(3) All entry writers are responsible for their own contribution as authors. The general laws and regulations must be complied with. It is expressly prohibited to upload contributions of a racist, pornographic, misanthropic, offensive or immoral nature. It is expressly forbidden to disseminate content meant to incite hate towards sections of the population (hate speech) or that is propaganda for unconstitutional organisations, comments that are defamatory, libellous or damaging to business interests or junk mail, spam, chain mail and other content of a promotional nature.
(4) It is also forbidden to consciously disrupt any dialogue between different users; e.g. by repeatedly interrupting conversations between other members, through annoyance or antagonism and encouraging animosity. No private information may be published in contributions such as names, addresses, phone numbers, etc. Private e-mails or messages in the forum also may not be published without the consent of the sender.
(5) Works protected by copyright law may not be uploaded without the copyright holder’s permission. The writer bears sole responsibility for the accuracy of the content in their messages and for any legal consequences resulting therefrom. The dissemination of incorrect facts may be grounds for criminal proceedings under German law.
(6) If the administrator or a moderator becomes aware of contributions of the nature described above, these will be removed from the system without feedback to the writer or corrected by the administrator or moderator. SKS reserves the right to revoke writing permission from individual users/members temporarily or completely.
(7) The writer of a contribution releases SKS from all third-party claims that are asserted due to these contributions. In addition, forum participants agree to the publication of their contribution on SKS’s website.
(8) The contents of external contributions only represent the views of their respective author. Displaying external contributions on SKS’s homepage does not constitute approval or endorsement of their content.
5. Scope of use
(1) The contents on this website are protected under copyright law. You may only use them for private purposes. The only exceptions to this are the pages that are directed at referring physicians. The pages that are directed to referring physicians serve exclusively for information and the possibility of contacting them.
(2)You may not interfere with or manipulate other users or SKS (e.g. phishing). The commercial use of SKS’s webpages requires express written permission from SKS. Any use, distribution, presentation, transmission, leasing and/or lending of the website or of individual content is prohibited without permission from SKS and may result in civil or criminal proceedings. All rights of SKS are reserved.
(3) Please note that you must provide your own internet access and all technical equipment required to use the homepage and services or SKS, and bear any costs incurred yourself.
(1) Technical faults and failures can never be completely ruled out for internet services; therefore SKS is not liable for damage that may occur as the result of errors, delays or disruptions in transmission, in the event of malfunctions in technical systems and service, inaccurate content, lost or deleted data, viruses or otherwise while visiting this homepage, unless such damage was caused by us intentionally or due to gross negligence. In particular, we are not liable for any direct or indirect damage of a material or intellectual nature that was caused by the use or non-use of the information presented. Use is strictly at the user’s own risk unless erroneous information is included intentionally or due to gross negligence.
(2) Otherwise, SKS is liable in accordance with legal provisions if they culpably commit an essential contractual obligation (cardinal obligation). Claims for damages are then limited to foreseeable, typically occurring damage. This limitation does not apply to claims for damages under item 5.1.
(3) Claims for damages expire within 12 months following the end of the year in which the claim arose and the user becomes aware of the circumstances substantiating the claim and the injuring party or would have to be aware without gross negligence.
(4) The liability for culpable injury to life, body or health remains unaffected.
7. Place of fulfilment, court of jurisdiction; applicable law
German law shall apply to the exclusion of the CISG and German international private law. The exclusive place of fulfilment and court of jurisdiction is Munich (München) where legally permitted.
8. Data protection
SKS complies with the statutory data protection regulations. We refer to our general data protection regulations
9. Validity, written form
(1) If individual contractual provisions are or become invalid in whole or in part, the rest of the contract shall still remain valid. The same applies if any loopholes should become apparent in the contract.
(2) There are no verbal subsidiary agreements.
(3) All information, agreements, disclosures or queries about these GTC and changes or additions to these GTC, including this clause, must be made in writing. Sending e-mails or faxes constitutes the written form, as does clicking on the appropriate buttons for these actions.
(4) SKS reserves the right to change these GTC at any time without prior notice. SKS will inform the user of the change in a timely manner. The change is considered approved by the user if they do not object or terminate the contract within one month after receiving notification of the change. SKS is entitled to proper notice of termination if the user objects. SKS will provide information about the option to object and termination, notice and legal consequences in the notification about the changes, in particular regarding failure to object. If the user objects when they are notified of the change, they will receive a proper notice of termination from SKS as outlined in the conditions precedent.
(6) SKS may in particular, in the event that a provision is invalid, add to this or replace it with effect for existing contracts; if a legal regulation or ruling from the highest court changes and this change affects one or more conditions in the contractual relationship, the affected conditions shall be adapted so as to comply with the purpose of the changed legal basis, insofar as the user is not worse off due to the newly changed conditions than they were under the original condition.