Terms and conditions of BetterDoc GmbH Cologne, branch office Allschwil Lachenstrasse 1, CH-4123 Allschwil, ("BetterDoc"), for the internet service betterdoc.ch ("service").
Preamble
betterdoc.ch is an online platform where users seeking a specialized doctor in a specific field or a medical second opinion can commission BetterDoc to provide relevant medical information based on available quality data or to obtain a second opinion from a cooperating specialist.
Subject Matter of the Contract "Medical Information Services"
BetterDoc collects, analyzes, and interprets various quality data about doctors and clinics in the healthcare sector to provide medical information. For complex conditions with insufficient data, inquiries are forwarded to registered specialists ("BetterDoc Specialists") to identify a suitable expert with their professional support.
Upon request, BetterDoc can also arrange appointments with the recommended specialist and provide follow-up care, maintaining contact with the user for up to 24 months after the information is provided.
Subject Matter of the Contract "Second Opinion Services"
BetterDoc collaborates with specialized doctors to provide second opinions on diagnoses or therapy recommendations. BetterDoc itself does not offer second opinion services but acts as an authorized representative to receive second opinion requests from users and forward them to cooperating specialists. A contract is formed between the user and the cooperating specialist, with BetterDoc not being a contracting party.
Please note that the content and services offered on www.betterdoc.ch are intended solely for informational purposes and, of course, do not replace personal consultation or treatment by a physician or other professional advice. However, BetterDoc can assist you in finding the physician from whom you wish to receive personal consultation or treatment. In case of health problems or related questions, be sure to consult a doctor. In emergencies, immediately call the Swiss emergency number 112.
If you have requested a medical second opinion through BetterDoc, please be advised that it is strongly recommended to discuss the second opinion report and any therapy recommendations personally with another local doctor or via phone.
The service is available only to legal entities and individuals with full legal capacity. Minors may use the service only with the consent of their legal guardians.
The notices under Section I apply to every use of the service. For registered BetterDoc specialists, the regulations under Section II also apply and take precedence in the event of any conflicting provisions.
I. Legal Notices for Use
1. Applicability
These terms and conditions apply in their current version at the time of usage. BetterDoc reserves the right to change or supplement these terms at any time without providing reasons.
2. Provision and Conclusion of Contract
a) No Obligation for Service Provision
BetterDoc strives to ensure the proper operation of the service but does not guarantee usability or accessibility and is not liable for technical delays, interruptions, or failures. BetterDoc reserves the right to reject inquiries at its discretion if they do not comply with usage rules.
b) Contract Conclusion
"Medical Information"
A contract for the use of the medical information service is formed between BetterDoc and the user when BetterDoc accepts the user's inquiry by providing the requested information.
"Second Opinion"
A contract for the second opinion service is formed exclusively between the user and the cooperating specialist when BetterDoc, acting as an authorized representative, receives the user's medical documents for the purpose of creating a second opinion. In accordance with Article 6 of the Swiss Code of Obligations, the user waives the cooperating specialist's declaration of acceptance of the contract.
c) Transfer of Contract to Third Parties
BetterDoc may transfer its rights and obligations from the contractual relationship with the user to third parties with prior notice. In this case, the user has the right to terminate the contract.
3. Conduct Rules
All users and BetterDoc Specialists must adhere to professional, respectful conduct rules. Users and specialists must comply with these terms and conditions. Unauthorized collection, summarization, copying, reproduction, public display, or derivative use of the site, as well as the use of data-mining tools, is prohibited without prior written consent.
4. Disclaimer
a) Own Content
BetterDoc is responsible for its own content available through the service but does not guarantee its accuracy, completeness, or legality.
b) Third-Party Content
BetterDoc has no influence on the design or content of linked external websites and is neither obligated nor able to continuously monitor them.
c) Knowledge of Legal Violations
If BetterDoc is made aware of legal violations and/or infringements, the relevant content will be promptly removed, subject to thorough review. BetterDoc reserves the right to block and/or permanently remove content made accessible by third parties, including links. BetterDoc is liable for third-party content only from the time of gaining knowledge of a specific legal violation.
d) Data Loss
It is the responsibility of users and BetterDoc specialists to back up their data at reasonable intervals. In the event of data loss attributable to BetterDoc, liability is limited to the effort typically required to restore the data if this obligation had been fulfilled.
e) Medical Second Opinion
Damages arising in connection with obtaining a medical second opinion are excluded from BetterDoc's liability, as BetterDoc is not a contracting party in this matter. The user must address the cooperating specialist providing the second opinion.
5. Copyright
a) Obligation to Comply with Copyright Laws
The content published within the scope of the service (especially texts and images) is generally protected by copyright. Reproduction or any other use or exploitation of copyrighted content without the consent of the respective rights holder is prohibited. However, personal, non-commercial use within the intended purpose of the service is permitted. Users may therefore access, save, and print the content for private use, provided it does not serve direct or indirect commercial purposes.
b) Grant of Rights
By submitting a search query or providing other potentially copyright-protected material, a user grants BetterDoc the transferable right, free of charge, to store, reproduce, distribute, and make the material publicly accessible in anonymized form for an unlimited period. This includes offering the material to other users of the service for storage and printing and using it in online, print, and other media to promote the service.
6. Cancellation Policy
a) Right of Withdrawal
Users can withdraw their contractual declaration within 14 days without providing any reasons, in written form (e.g., letter, fax, email). The period begins upon receipt of this instruction in written form. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice in a timely manner. The withdrawal should be directed to: BetterDoc GmbH Cologne, branch office Allschwil, Lachenstrasse 1, CH-4123 Allschwil, Fax: 021 552 35 75, E-Mail: service@betterdoc.ch
b) Consequences of Withdrawal
In the event of an effective withdrawal, both parties must return the received services and, if applicable, release any derived benefits (e.g., usage advantages). If the received service and benefits (e.g., usage advantages) cannot be returned or only partially or in a deteriorated condition, users must provide compensation for the value. This may result in users having to fulfill their contractual payment obligations for the period up to the withdrawal. Obligations to refund payments must be fulfilled within 30 days. For the user, the period begins with the dispatch of the withdrawal declaration; for BetterDoc, it begins upon receipt.
c) Special Notes
The right of withdrawal expires prematurely if the contract has been fully performed by both parties at the user's express request before the user has exercised their right of withdrawal.
7. Operation, Modification, or Discontinuation of the Service
The service can be accessed online 24/7 (7 * 24 hours). The operated service hours are from Monday to Friday, excluding holidays, from 8:00 AM to 5:00 PM. BetterDoc reserves the right to modify parts of the service or the entire service without prior notice, or to temporarily or permanently discontinue its publication. Users shall have no claims arising from this.
8. Data Protection
The data protection regulations of BetterDoc apply, which can be accessed here.
9. Final Provisions
To the extent legally permissible, the exclusive place of jurisdiction for all disputes is Basel. Swiss law applies exclusively. Should any provisions of these general terms and conditions be or become wholly or partially invalid, the remaining provisions shall remain unaffected. Instead of any invalid provision, a substitute provision shall apply that corresponds to the purpose of the agreement or comes as close as possible to it, as the parties would have agreed to achieve the original result if they had known of the invalidity of the provision. The same applies to incompleteness.
II. Additional Legal Notices for BetterDoc Specialists
1. Applicability
The terms and conditions in effect at the time of registration apply. BetterDoc reserves the right to modify or supplement these terms at any time without providing reasons. Announcements will be made via email or upon logging in. If a registered BetterDoc specialist does not object within four weeks after being informed via email or upon logging in, the modified or supplemented terms will become effective. Should a BetterDoc specialist object within the specified period, BetterDoc reserves the right to terminate the usage rights at the time the modified or supplemented terms are to take effect, but not earlier than two weeks after the objection period ends. These consequences will only apply if the registered BetterDoc specialist has been specifically informed of the significance of the four-week period and the consequences of an objection in the email containing the modified terms or upon logging in.
2. Registration and Conclusion of Contract
a) General
Multiple registrations are not permitted.
b) Registration Information
Each BetterDoc specialist commits to providing accurate and complete information during registration and, in particular, not to infringe upon the rights of third parties. An infringement of third-party rights occurs, for example, when personal information or other data of third parties are used without their consent, such as names or email addresses.
c) Upon successful registration, a contract is established between BetterDoc and the respective BetterDoc specialist in accordance with these General Terms and Conditions. BetterDoc is entitled to transfer its rights and obligations from this contractual relationship, in whole or in part, to third parties with prior notice. In such a case, the BetterDoc specialist has the right to terminate the contractual relationship.
3. Rules for Usage and Responsibilities of BetterDoc Specialists
a) General
The rules and obligations stated under I. 3. apply correspondingly. Additionally, no BetterDoc specialist may violate legal prohibitions, public decency, or third-party rights (such as name, trademark, copyright, and data protection rights) with the information they make accessible to others through the service. The decisions and guidelines of BetterDoc and its agents, who determine which content violates these principles, are binding for BetterDoc specialists.
b) Compliance with Professional and Labor Regulations
BetterDoc specialists are responsible for complying with all professional regulations. This also includes compliance with the relevant Swiss professional code of conduct applicable to each to each individual BetterDoc specialist. Further information on this can be obtained from the FMH — the professional association of Swiss doctors: www.fmh.ch. BetterDoc specialists are also responsible for complying with all labor regulations, which may include obtaining permission from their respective employers to work with BetterDoc.
c) Access Information
Registered BetterDoc specialists are responsible for keeping their access information (especially passwords) confidential and are accountable to both BetterDoc and third parties for their use. Each registered BetterDoc specialist is obligated to notify BetterDoc immediately in case of unauthorized use of their access information.
d) No Malware
No BetterDoc specialist may send data or store data on a BetterDoc data carrier that, by its nature, condition, size, or number, is capable of impairing the functionality of BetterDoc's computer systems or those of third parties, or of violating third-party rights (e.g., viruses, spam emails, etc.).
e) No Advertising by Registered BetterDoc Specialists
Registered BetterDoc specialists are prohibited from offering advertising of any kind to other users or third parties using the service, except for self-recommendations. This includes placing relevant links and especially advertising for chain letters, gift circles, surveys, pyramid schemes, and the purchase of securities.
f) No Misuse of Data
Using a registration to read, store, or share personal data of other registered BetterDoc specialists or other doctors mentioned or available on the portal for purposes other than the intended use of the service is prohibited. Registered BetterDoc specialists must treat any information about users and communication content that becomes known to them as confidential.
g) Special Provisions for Recommendations
All registered BetterDoc specialists are required to provide their recommendations and related information on the website truthfully and to the best of their knowledge and belief in an objective manner. Unobjective disparagement is expressly prohibited. Recommendations may only be given personally. Registered BetterDoc specialists are required to decline to provide a recommendation if it would result in a conflict of interest.
4. Copyrights and Related Rights
a) Grant of Rights
By uploading texts and other potentially copyrighted material, a registered BetterDoc specialist grants BetterDoc the transferable right, free of charge, to store, reproduce, distribute, and make the material publicly accessible for an unlimited period of time, to offer it to users of the service for storage and printing, and to use it in online, print, and other media for promoting the service. Within the service, uploaded material may also be editorially highlighted and evaluated.
b) Responsibility of Registered BetterDoc Specialists
It is the sole responsibility of each registered BetterDoc specialist to acquire the necessary rights for uploading material to BetterDoc's service. Generally, they possess the required rights only if they have created the material themselves.
5. Consequences of Violations
a) Review
BetterDoc is neither obligated nor capable of comprehensively reviewing and/or monitoring the legality of content uploaded or published by BetterDoc specialists, nor to investigate circumstances that indicate illegal activity. However, BetterDoc conducts random checks and reserves the right to review in any case.
b) Sanctions
In the event of violations of these terms of use, BetterDoc may temporarily or permanently exclude the relevant BetterDoc specialist from using the service and delete content and information uploaded by the relevant BetterDoc specialist. In the case of a culpable violation, the BetterDoc specialist is liable to BetterDoc for compensation for all direct and indirect damages arising from it, including financial loss. In the event of a violation of the provisions of sections 2.b), 3., and 4., the BetterDoc specialist indemnifies BetterDoc against any claims by third parties made against BetterDoc, its legal representatives, and/or agents due to this violation. All further claims remain reserved.
6. Liability
BetterDoc is only liable for damages resulting from intentional or grossly negligent actions, as well as for damages arising from slightly negligent breaches of contractual obligations that are essential for the proper execution of the contract and on whose fulfillment the BetterDoc specialists can therefore rely (cardinal obligations). In the latter case, liability is limited to the foreseeable damage at the time of contract conclusion. Liability is not limited in cases of personal injury and within the scope of the Product Liability Act. The aforementioned liability provisions also apply to breaches of duty by BetterDoc's legal representatives or vicarious agents.
7. Contract Duration and Termination
a) Termination of Registration by the BetterDoc Specialist
The registration can be terminated at any time without notice by sending an email to BetterDoc.
b) Termination of Registration by BetterDoc
BetterDoc appreciates every active BetterDoc specialist but reserves the right to terminate the registration without stating reasons with a notice period of four weeks.
c) Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected.
d) Modification and Discontinuation of Service
BetterDoc may decide at any time to discontinue individual services or the service as a whole, to operate it on a paid basis in the future, or to modify it. In such cases, registered BetterDoc specialists have no claims for compensation, especially not for the deletion of texts they have uploaded. Instead, the BetterDoc specialist is obliged to ensure the necessary data backup themselves.
III. Second Opinion Contract
Between
the user in their capacity as a requester of a medical second opinion – hereinafter referred to as the Client –
and a cooperating specialist – hereinafter referred to as the Second Opinion Provider –
§ 1 Subject Matter of the Contract
The Second Opinion Provider will prepare a second opinion for the Client regarding their health issues, which involves the evaluation of an initial medical diagnosis.
For the creation of the second opinion, the forms filled out by the Client regarding their health condition will be evaluated. Additionally, all other medical documents provided by the user to the Second Opinion Provider through BetterDoc (including X-rays and MRI scans) will be included in the assessment. In the course of preparing this second opinion, the Second Opinion Provider will thoroughly and extensively review the information provided, potentially incorporating scientific studies.
§ 2 Time
The Second Opinion Provider will prepare the second opinion by the agreed-upon time with the Client, i.e., within the creation period, after confirming the completeness of the documents to be submitted by the Client.
§ 3 Compensation
For Clients who are insured with a cooperating health insurance company, the second opinion process is free of charge. In all other cases, the doctor's compensation for the commissioned medical second opinion is exclusively based based on an individual offer to the client with information on the costs incurred.
§ 4 Liability
The Client has been informed within the General Terms and Conditions that both BetterDoc and the Second Opinion Provider explicitly recommend discussing the second opinion report and any therapy suggestions personally with another local doctor. It is in the Client's own interest to follow this recommendation. If the Client ignores this recommendation, they should be aware that this may not be conducive to achieving the best possible diagnosis and, if necessary, the best possible treatment. Any damages that the Client incurs as a result of ignoring the recommendation may, in individual cases, be reduced or not considered at all.
§ 5 Confidentiality
The Second Opinion Provider commits to maintaining confidentiality regarding all matters that come to their knowledge, even after the completion of the second opinion. The Second Opinion Provider is prohibited from collecting, processing, or using personal data without authorization (data confidentiality). Upon commencing their activities, the Second Opinion Provider commits to unconditionally adhering to data confidentiality. This confidentiality obligation continues even after the end of the second opinion activity and thus also remains binding on the Second Opinion Provider.
§ 6 Termination of the Contractual Relationship
The second opinion contract can be terminated by the Client at any time without stating reasons. Otherwise, the contractual relationship ends with the completion of the second opinion and its delivery to the Client.
§ 7 Right of Withdrawal
Regarding the second opinion provided by the Second Opinion Provider, the user, as a consumer, has a right of withdrawal in accordance with the distance selling regulations.
§ 8 Final Provisions
Amendments or additions to this contract require written form to be effective. This also applies to changes to the requirement of written form itself. No ancillary agreements to this contract have been made either in writing or orally. Ancillary agreements and the cancellation of this contract also require written form to be effective. This also applies to changes or cancellations of this written form requirement. Individual agreements are exempt from this.
If any provision of this contract is wholly or partially invalid, the validity of the remaining provisions shall not be affected. In such cases, the parties are obliged to negotiate a valid and reasonable replacement provision that comes as close as possible to the economic purpose intended by the invalid provision. The same applies to any gaps in the contract.
The place of jurisdiction for all disputes arising from this contract is the court with local and subject-matter jurisdiction for the second opinion provider's place of residence. The law of Switzerland shall apply to Swiss second opinion providers and the law of the Federal Republic of Germany shall apply to German second opinion providers.