Status: 1.7.2023
1. contracting parties, scope of application, amendments
1.1 The mediphysio.at platform is an offer of AR Health Office Services GmbH, Billrohestrasse 4, EG Linke Seite, 1190 Vienna (hereinafter also referred to as “HuS” or “we”).
1.2 These terms of use apply to all use of our website. If you use our website as a physiotherapist, the terms of use for therapists available here apply.
1.3 We reserve the right to amend these terms and conditions from time to time in order to take into account the wishes of our users or a changed offer. The date of the respective version can be found at the top of the document. We will inform you of any changes by sending the amended terms of use to the e-mail address last notified to us. This notification shall be made at least six weeks before the amendment comes into force. The amended terms of use shall be deemed to have been agreed if you do not cancel your user account before the date on which they come into force. We will specifically draw your attention to the importance of your conduct at the beginning of the scheduled period.
2. object of the online platform
2.1 mediphysio.at is a platform for the provision of physiotherapy by physiotherapists.
2.2 You can access information about physiotherapy on our platform and have the option of booking appointments with therapists.
2.3 Only therapists who cooperate with us are represented on our platform. We do not offer a complete directory of physiotherapists. The ranking of the entries is based on the search criteria you specify and is random and does not constitute a recommendation of a specific physiotherapist.
2.4 We reserve the right to expand the range of services offered on our platform, to make improvements and to replace the previous offer with equivalent alternatives.
2.5 The availability of our platform depends on the operation and utilization of the Internet and network infrastructure, over which we have no control in some cases. We do not guarantee that mediphysio.at will always be accessible or that all content will always be available. We will endeavor to rectify any platform outages as quickly as possible.
2.6 We are entitled to temporarily restrict access to and the performance of our platform if this is necessary for maintenance work, updates, security and system integrity. We will inform you in advance of any longer maintenance work.
2.7 Our database of physiotherapists is legally protected and may not be reproduced, distributed, made available online or otherwise utilized in whole or in part without our consent.
3. user accounts (the user account is not available)
3.1 It is possible to use mediphysio.at without registering for a user account. For example, information on the participating therapists is accessible without registration. Certain functions of our website, such as changing booked appointments, are only available to registered users.
3.2 As a registered user, you have additional advantages: you do not have to enter your data again, you can view your previous appointments, you can change or cancel bookings and view the status of billing and reimbursement (if we are entrusted with this by you).
3.3 You can create a user account by clicking on “Register”. When you register for a user account, you enter into a legally binding contract with us, which is based on these terms of use.
3.4 We reserve the right to reject a registration without giving reasons. To prevent misuse, we will send you a confirmation e-mail with an activation link to the e-mail address you provided. The user account is only set up after clicking on this link.
3.5 You must be of legal age to use our platform. By registering, you guarantee us that this requirement is met. We reserve the right to request proof of this from you.
3.6 You must provide all information requested during the registration process correctly and completely. It is not permitted to specify a P.O. Box as the address. We are entitled, but not obliged, to demand proof. You must update your user account immediately whenever your data changes. You are liable to us for all disadvantages arising from incorrect information. In this case, we are also entitled to block or terminate your user account without notice. You cannot derive any claims from this.
3.7 Multiple registrations are not permitted. It is not permitted to transfer the user account to another person.
3.8 The password must be at least eight characters long and consist of upper and lower case letters, numbers and special characters.
3.9 You must keep your login details (user name and password) secret and protect them from access by unauthorized third parties. If you suspect that unauthorized third parties have gained knowledge of your login data, please inform us immediately and change your password. In this case, we are entitled to temporarily block the user account in order to prevent misuse.
4. appointment bookings
4.1 You can use the online form to make an appointment directly with the listed therapists. Click on “Book appointment” to make a binding appointment booking.
4.2 The appointment is only binding once you have received confirmation of the appointment from us.
4.3 In your user area you will find a list of all previously booked appointments. You have the option of changing and canceling bookings there. Please cancel a booked appointment immediately if you are unable to keep it so that it is not blocked for other patients.
4.3 You can only change or cancel a booked appointment by sending a message to the therapist you have chosen. Please cancel a booked appointment immediately if you are unable to keep it so that it is not blocked for other patients.
4.4 The treatment contracts are concluded exclusively between you and the respective physiotherapist. We are not a party to these contracts. We act neither as agents nor as brokers. You should therefore always address any questions or claims relating to treatment directly to the physiotherapist in question.
4.5 If you have a patient account, we can, if you activate the corresponding function, remind you to make a recurring appointment for your support.
4.6 In the login area of your patient account, you will find the appointments already booked and those still to come and can view the fee notes and the status of submission to the social insurance institution.
5. feedback
5.1 We may ask you to give us feedback about our service and your experience with the therapist. This feedback can take the form of a questionnaire or a review on online platforms, for example.
5.2 You grant us the right to use all content that you write as part of such feedback or a review – both to us and as a review on online platforms – free of charge, non-exclusively and without restriction in terms of location, time and content, in whole or in part. For this purpose, you grant us an irrevocable and transferable license to use the work to this extent. This authorization allows us in particular to reproduce this content, to make it available on mediphysio.at and on other HuS websites, video channels and social media profiles – for example as part of a showcase or in promotional films – to distribute it on advertising folders and in other print materials, to broadcast it for advertising purposes, to reproduce it publicly and to edit it to the extent necessary for these uses. You warrant that you can grant us authorization to this extent.
5.3 You waive the right to be named as the author. However, we are entitled to mention your first name and the first letter of your surname.
6 Liability and warranty
6.1 We shall only be liable to you for damages that we or our vicarious agents have caused intentionally or through gross negligence. We endeavor to protect our platform against attacks by hackers and viruses by taking all reasonable security measures in accordance with the current state of the art.
6.2 You acknowledge that we can only check the data, description texts, videos, photos, certificates, licenses, qualification certificates, etc. provided by the therapists for plausibility. We are not obliged to check these contents for correctness, topicality, completeness and legality. We are not liable and provide no guarantee for the correctness, up-to-dateness and/or completeness of this content.
6.3 We are also unable and not obliged to check the qualification and suitability of the therapist(s) for your requirements. Please make your own assessment and do not hesitate to ask him/her questions and request evidence.
6.4 You are aware that all contracts that you conclude with a therapist are exclusively between you and that therapist. HuS is not a party to this agreement and is not liable for the formation or enforceability of this agreement. We are also not liable for the condition, freedom from defects, quality, safety or legality of the respective treatment. You must contact the respective contractual partner with all claims.
6.5 The information on billing and reimbursement published on mediphysio.at has been compiled to the best of our knowledge. However, we do not guarantee that this information is up-to-date, correct and complete. Please ask the therapist and health insurance company directly about billing and reimbursement.
6.6 Our information on physiotherapy is of a general nature, can only provide a general overview of the possibilities of physiotherapy and can in no way address the individual situation of a patient. This information cannot replace a personal consultation with a doctor and/or members of the medical-technical services. HuS itself does not offer such services.
7 Term, termination and blocking
7.1 The contract for the user account is concluded for an indefinite period.
7.2 You can terminate this contract at any time by deleting your account in writing by e-mail and/or in the account management. To prevent misuse, you will receive an e-mail from us in which you must confirm the deletion of the user account in writing.
7.3 We are entitled to terminate your user account with one month’s notice to the end of each month. You can cancel by sending an e-mail to the e-mail address you have provided.
7.4 This shall not affect our right to terminate this contract at any time without notice for good cause. An important reason that entitles us to terminate the contract without notice exists, among other things, if,
7.4.1 if you have entered incorrect data (name, address, etc.) for your user account;
7.4.2 if you make your user account available to third parties or transfer it to third parties;
7.4.3 if you otherwise culpably breach a contractual obligation.
7.5 In all these cases, we are also entitled to warn you and/or temporarily block your account without prior notice. You cannot derive any claims from this. At the same time as the block, we will ask you to remedy the infringement within a reasonable period of time.
7.6 If we terminate the contract without notice, you are not entitled to a new registration, not even under a different name.
7.7 The termination of the contractual relationship has no influence on the dates agreed up to that point via the platform. Please contact the respective therapist.
7.8 We remain entitled to use the content you have written as part of your feedback even after your user account has been terminated.
7.9 In the event of termination, we will give you a reasonable period of time to back up your data before deletion. After deletion, it is not possible to restore your data. You are responsible for backing up in good time.
8. offsetting of claims
8.1 You may only set off claims of HuS against your own claims which are legally related to your liability, which have been established by a court or recognized by us, or in the event of our insolvency.
9 Contract language, dispute resolution, applicable law, place of jurisdiction
9.1 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. Only the German version is authoritative.
9.2 Should individual provisions of these Terms and Conditions be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the parties by mutual agreement with a provision that comes closest to the economic sense and purpose of the invalid provision in a legally effective manner. The above provision applies accordingly in the event of loopholes.
9.3 The dispute resolution bodies for consumers responsible for transactions processed via our platform are
Internet Ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Phone: +43 1 595 211 275
Fax: +43 1 595 21 12 99
E-mail: [email protected]
Association “Arbitration for consumer transactions”
Mariahilfer Straße 103/1/18, 1060 Vienna
Tel.: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
[email protected]
We decide on a case-by-case basis whether we will participate in a dispute resolution procedure.
9.4 The European Commission has set up a platform for online dispute resolution for consumers, which you can find at https://ec.europa.eu/odr.
9.5 This agreement shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the international conflict of laws rules, insofar as these refer to laws other than Austrian law.
9.6 The place of performance is the registered office of our company. All disputes arising from this agreement, including the question of its effective conclusion and its termination, shall be subject to the exclusive jurisdiction of the competent court at our registered office. If you are a consumer within the meaning of the KSchG and have your domicile or habitual residence in Austria or are employed in Austria, you can only be sued before the courts in whose district your domicile, habitual residence or place of employment is located.