1. contracting parties, scope of application, amendments
1.1 The Heimphysio.at platform is an offer of AR Health Office Services GmbH, Hadikgasse 108/3, 1140 Vienna (hereinafter also referred to as “HuS” or “we”).
1.2 These Terms of Use apply to all use of our website as a physiotherapist. The terms of use available here apply to patients.
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 object to them in writing before they come into force. We will draw your attention to the importance of your behavior at the beginning of the planned period. In the event of an objection, we are entitled to terminate your user account and the cooperation agreement for good cause.
2. object of the online platform
2.1 Heimphysio.at is a platform for the provision of home visits by physiotherapists.
2.2 As a physiotherapist, you have the opportunity to present yourself, your services and your specializations. We offer you the option of arranging appointments online via our platform. The full scope of services is set out in the cooperation agreement concluded with you.
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 on the principle of randomness and does not constitute a recommendation of a particular 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 influence in some cases. We do not guarantee that Heimphysio.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
3.1 It is possible to use Heimphysio.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 viewing the calendar and billing, require you to log in with your user data.
3.2 The user accounts for therapists who cooperate with Heimphysio.at are set up directly by us. You will receive your user data after concluding the cooperation agreement. Registration via the website is not possible for therapists.
3.3 The password must be at least eight characters long and consist of upper and lower case letters, numbers and special characters.
3.4 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 access to 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 Patients have the option of making an appointment with you directly via our platform. All timeslots that you have indicated to us as available are available for booking appointments. You undertake to keep this information up to date at all times and to notify us of any future changes in good time in advance (at least 14 days). A change of the available periods is only possible at the beginning of the following month. Dates already registered at the time of the announcement will not be affected and must be postponed or canceled by you individually.
4.2 The appointment is binding as soon as we have sent the patient a confirmation.
4.3 The treatment contracts are concluded exclusively between you and the respective patient who has confirmed the appointment to you. We are not a party to these contracts. We act neither as agents nor as brokers.
4.4 You also have the option of commissioning us with billing and collection. In this case, the treatment will be invoiced via us.
4.5 In the login area of your user account, you will find the dates that have already been booked and those that are still to come, and you can view the honoring notes and the status of the submissions to the social insurance institution.
5 Liability and warranty
5.1 We are only 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.
5.2 Liability for loss of profit and consequential damages is excluded to the extent permitted by law. Compensation is limited to the damage typical for the contract which HuS had to expect at the time of conclusion of the contract due to the circumstances known at that time.
5.3 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 Term, termination and blocking
6.1 The contract for the user account is concluded for the entire duration of the cooperation agreement. It ends automatically when the cooperation agreement is terminated.
6.2 This shall not affect our right to terminate this contract at any time without notice for good cause.
6.3 The termination of the contractual relationship has no influence on the dates agreed up to that point via the platform. If necessary, please contact the respective patient.
6.4 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.
7. offsetting of claims
7.1 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.
8 Contract language, applicable law, place of jurisdiction
8.1 The contract language is German. Versions of these terms and conditions in other languages are for guidance only. Only the German version is authoritative.
8.2 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 mutual agreement between the parties by a provision which 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.
8.3 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 international convention standards, insofar as these refer to laws other than Austrian law.
8.4 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 termination, shall be subject to the exclusive jurisdiction of the competent court at our registered office.