General Terms Telemedicine DAD Consulting Berlin
GTCs of DAD Consulting Berlin
Below, please find the detailed General Terms and Conditions (GTCs) of DAD Consulting Berlin.
Thank you for your interest in DAD Consulting Berlin!
General Terms and Conditions of DAD Consulting Berlin, Johann-Landefeldt-Str. 23, 14089 Berlin for the use of telemedical services and the “DAD Berlin” app:
Section 1 Scope
1. These General Terms and Conditions (GTCs) of DAD Consulting Berlin, Johann-Landefeldt-Str. 23, 14089 Berlin, represented by the Managing Director, Mr. Michal Marcin Poprawski, apply to your access to the DAD Consulting Berlin website (www.dad-consulting.eu) as well as the app (“DAD Berlin”), APIs and widgets from DAD Consulting Berlin and their use.
DAD Consulting Berlin is a telemedicine platform through which doctors licensed in Germany can provide telemedicine services. DAD Consulting Berlin is itself not a healthcare provider.
We advise external doctors and not patients in accordance with the medical professional code of conduct, using modern communication media in a supportive role.
DAD Consulting Berlin enables telemedical consultation without the attending doctors having to leave their intensive care unit or operating theatre. The anaesthesiological or intensive care consultation is subject to the proviso that the consulting medical specialist from DAD Consulting Berlin ensures that the requirements of Article 7, Paragraph 4 of the Model Professional Code of Conduct for doctors practicing in Germany [Musterberufsordnung für die in Deutschland tätigen Ärztinnen und Ärzte, MBO-Ä] are met.
Through its platform, DAD Consulting Berlin supports the contact of DAD Consulting Berlin’s experts with their treating doctors on the intensive care unit and in the operating theatre within the framework of telemedicine.
Consultation via communication media only takes place if this is medically justifiable from the point of view of an expert from DAD Consulting Berlin and the required medical care is maintained, in particular through the way in which the findings are ascertained, and how consultation, treatment and documentation are undertaken.
2. Special professional legal regulations and restrictions apply to medical care provided over the Internet. The service offered is therefore restricted to the current legislative framework. Special information regarding the service description and rendering of services is legally binding.
3. Deviating, conflicting or supplementary conditions of the contracting party (hospital, clinic, public service, etc.) do not apply and are not part of the contract. This also applies if the contracting party refers the responsible person to its conditions and the responsible person does not expressly object to the conditions.
4. In accepting the offer from DAD Consulting Berlin, the contracting party recognises these GTCs without reservation.
5. The treatment contract to be concluded between the patient and the treating doctor in situ is not included in the services from DAD Consulting Berlin. DAD Consulting Berlin is not responsible for this and the entire communication between patient and doctor in the clinic to be consulted. DAD Consulting Berlin does not provide therapeutic services to patients.
6. If the masculine form is used in the provisions of these GTCs, this is simply for linguistic simplification. The provisions apply equally to female participants and for legal entities.
Section 2 Offering and conclusion of contract
1. Acceptance of the services offered by DAD Consulting Berlin (“DAD Berlin” app and virtual ward round) takes place through a contract for use with the contracting party.
2. The provider and operator of telemedical consulting is a specialist in anaesthesiology and/or intensive care medicine who cooperates with DAD Consulting Berlin. The consulting specialists for anaesthesiology and/or intensive care medicine are not DAD Consulting Berlin employees.
The consultative service from DAD Consulting Berlin is rendered within the scope of intensive medical consultation, in particular for the purpose of quality assurance in the diagnosis and therapy recommendations from the consulting specialists (supervision). These consultations are a complementary offering from DAD Consulting Berlin to ensure the highest level of quality in the treatment of patients in situ. They are an optional offering and are not mandatory.
The services offered by DAD Consulting Berlin and by the doctors cooperating with DAD Consulting Berlin are non-binding and subject to change. The consulting doctor accepts the respective offering by uploading the patient data (findings, photographs, imaging procedures, in particular video sequences) for the problem to be discussed and by answering the questions posed within the framework of the telemedical consultation. The medical specialist consulted is obliged to accept and process the offering from the requesting treating doctor within one (1) hour.
Section 3 Registration
1. In order to use the offering of the “DAD Berlin” app, the clinic registers after downloading the app when it is first called up. The treating doctor can then upload the epicrises, discharge reports, video sequences, photographs and other relevant findings of the problem that prompted them to make use of the service, and complete a medical history questionnaire. Within one hour, the attending doctor receives consultation from an anaesthesiologist or intensive care doctor appointed by DAD Consulting Berlin. If, from the point of view of the attending doctor, it is medically justifiable and the findings uploaded by the attending doctor ensure the required medical care – in particular through the way in which the findings are ascertained, and how consultation, treatment and documentation are undertaken – it is possible in individual cases for consultation to remain exclusively via the “DAD Berlin” app. The special consultation of the attending doctor necessary in this context concerning the particularities of exclusive consultation and treatment via communication media is carried out solely by the consulting doctor from DAD Consulting Berlin. An interdisciplinary expert committee from DAD GmbH Berlin is called upon for quality assurance of the diagnoses reached or for special questions if the consulting medical specialist wishes to receive a second opinion for their diagnosis. As part of our service, the attending doctor can be contacted by our experts if required.
2. Use of the virtual ward round application (video call) from DAD Consulting Berlin is possible without registration.
Section 4 Implementation of telemedical consultation
1. First, the user must agree to the General Terms and Conditions and consent to the data processing associated with submitting the application. This takes place through express consent by selecting the relevant items.
2. The use of the full scope of services from DAD Consulting Berlin always requires a user-specific account (registration) to be established. The registration requires that the user submits all the data requested in the registration screen to DAD Consulting Berlin truthfully and completely. At the time of registration, the user must be a licensed doctor and employed by the treating clinic. The user is not allowed to register more than once.
3. The use of the services from DAD Consulting Berlin as well as communication with the medical specialist to be consulted takes place over an encrypted internet connection.
The medical documents are stored and managed in a central database with state-of-the-art encryption. This provides a reliable information database for the doctors to be consulted.
4. The attending doctor must provide the medical specialist consulted with the information necessary to fulfil the service (last name, first name, date of birth, biological sex, admission diagnoses, epicrisis, laboratory findings, findings previously obtained, X-rays, video sequences, photographs) and complete a predefined questionnaire.
5. The attending doctor then registers by entering their e-mail address and generating a password. This serves to prevent misuse when registering via the “DAD Berlin” app.
6. By clicking the “Complete” button, the attending doctor orders the medical specialist on duty to be consulted. The attending doctor receives notification within the app that their request has been received and a specialist in anaesthesiology and/or critical care is assigned. The attending doctor has the option of printing out the content of the automatic acknowledgement of receipt. The acknowledgment of receipt does not represent acceptance of the attending doctor’s request. This is carried out by the respective medical specialist from DAD Consulting Berlin.
7. The attending doctor always has the option of contacting the consulted doctor from DAD Consulting Berlin via the hotline and by video call. The current phone numbers of the doctors on duty are given on the DAD Consulting Berlin website.
8. After accepting the request from the attending doctor, the assigned medical specialist immediately assesses the data sent to them and the information in the questionnaire. On the basis of this, a consultation is prepared. Once the consultation is finalised or there is a query, the attending doctor receives a message with updates regarding their request. The attending doctor can view the consultative findings within the app using the identification data (e-mail address and password) provided during the initial registration. In addition, the attending doctor is contacted by phone or preferably video call by the doctor on duty at DAD Consulting Berlin within 2 hours of making the request.
9. The contractual partners of the service contract are the requesting clinic/hospital and DAD Consulting Berlin. The person responsible for fulfilling the obligations arising from the service contract is exclusively the consulted doctor who cooperates with DAD Consulting Berlin. If required, DAD Consulting Berlin supports the consulted doctor within the framework of internal quality assurance with regard to the diagnoses and therapy recommendations made. This follow-up care represents a supplementary offering to ensure the highest standards of quality in intensive care treatment according to German standard medical professional practice.
10. The obligations arising from the service contract are to be fulfilled exclusively by the respective medical specialist consulted. In the event of a breach of contractual obligations by the medical specialist, only the medical specialist consulted bears responsibility. DAD Consulting Berlin considers itself obliged to forward inquiries or complaints from the clinic or the medical specialist consulted to the other party.
11. There is no legal claim to the use of services from DAD Consulting Berlin. DAD Consulting Berlin is entitled to refuse registration without specifying reasons.
Section 5 Technical requirements for using the “DAD Berlin” app
1. To use the “DAD Berlin” app on Apple devices, an iOS device with an operating system version 11 or higher is required.
2. To use the “DAD Berlin” app on Android devices, an Android device with an operating system version 6 (Marshmallow) or higher is required.
3. The DAD Consulting Berlin website supports the latest two versions of the following browsers: Chrome, Firefox, Safari, Opera and Vivaldi.
4. The “DAD Berlin” app is regularly updated in the app store. In order to guarantee flawless technical use, we recommend users always keeping the app up to date with the available updates. Only by updating the app is the user able to use new features in the app.
Section 6 Availability of consultative services
The service offered is usually available 7 days a week, 24 hours a day.
This does not apply to the times during which data is backed up, system maintenance or program maintenance work is carried out on the system or the database. In that case, the user is offered a suitable alternative.
Section 7 Obligations of DAD Consulting Berlin
1. DAD Consulting Berlin in particular assumes the following tasks towards the user:
- Linking to the appropriate doctor using duty rosters with the help of medical professionals
- Rendering of a quality management process and training doctors for the benefit of the user’s regional healthcare concerns
- Selecting the doctors from the portfolio according to defined quality features; in particular, that all participating doctors who have contact with the user through DAD Consulting Berlin are licensed specialists in anaesthesia with several years of professional experience and have sufficient expertise in intensive care medicine, as well as that the affiliated doctors maintain sufficient professional liability insurance within the meaning of the Model Professional Code of Conduct for doctors practicing in Germany [Musterberufsordnung für die in Deutschland tätigen Ärztinnen und Ärzte, MBO-Ä] and that the provisions of medical professional law are adhered to
- Transmitting the data necessary for rendering services with the consent of the users
2. DAD Consulting Berlin provides and maintains the technical requirements necessary for the accessibility and usability of the “DAD Berlin” app and the required connection between the server and the Internet assuming DAD Consulting Berlin has influence over this. DAD Consulting Berlin is not responsible for the success of access to the website.
3. DAD Consulting Berlin takes the appropriate technical and organizational measures in accordance with Art. 32 of the EU General Data Protection Regulation (GDPR) and Article 22 of the German Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG] to ensure the security of processing in accordance with the applicable data protection law.
4. DAD Consulting Berlin also maintains order processing contracts with third parties whose services are used to maintain and update the website www.dad-consulting.eu and the “DAD Berlin” app as well as their technical servicing and development.
5. DAD Consulting Berlin will always advance the technical development of the “DAD Berlin” app. In order to maintain quality standards, it is necessary to carry out regular maintenance work on the “DAD Berlin” app. DAD Consulting Berlin reserves the right to carry out this work at any time, even if this temporarily interrupts access to the “DAD Berlin” app. In this case, the attending doctor can contact the medical specialist consulted by telephone or video conferencing.
In this case, the client is not be entitled to any claims for damages.
6. Other features: Over time, DAD Consulting Berlin will release additional features to increase user benefit and reserves the right to disable features that, according to evaluations, have no relevance for users. Users are not entitled to any specific features.
Section 8 Obligations of the attending doctor / the clinic
1. The treating clinic, represented by the attending doctor, undertakes to only provide truthful information both in registration and when using the “DAD Berlin” app. The doctor is aware that they are solely responsible for the completeness and correctness of the information they provide.
2. The treating doctor and the ordering clinic are prohibited from making statements or posting content within the scope of their request that interfere with the rights of third parties. They undertake not to breach any existing legislation within the scope of the request. If they violate these obligations, DAD Consulting Berlin is entitled to terminate the contract for use without notice. Further rights are reserved, in particular to injunction and to compensation for damages. In the event of a violation, the client is also obliged to indemnify DAD Consulting Berlin from compensation for damages and reimbursement of expenses by third parties based on violation by the treating doctor and/or the clinic. This obligation of indemnification also includes the costs of DAD Consulting Berlin’s legal defence. Any rights of DAD Consulting Berlin not expressly mentioned remain unaffected.
3. The attending doctor is also prohibited from impairing or endangering the usability of the “DAD Berlin” app through its improper use.
4. The treating doctor and the ordering clinic must always carefully store their user data (password, etc.) and maintain secrecy. Should unauthorised third parties gain knowledge of the login data, they are obliged to inform DAD Consulting Berlin immediately. Also in the case of violations of this obligation, DAD Consulting Berlin is entitled to block the access of thedoctor/clinic with immediate effect.
Section 9 Information obligations
DAD Consulting Berlin is not subject to any out-of-court complaint or appeal procedure.
All further information about DAD Consulting Berlin, the offering and processing, can be found from the description at www.dad-consulting.eu. In regard to the technical steps for concluding the contract, Section 5 “Technical requirements for using the “DAD Berlin” app” is to be observed. The user can cancel and correct entries to their data at any time during registration.
German is the language exclusively available for concluding the contract.
In § 5 heist es Technische Voraussetzungen für die Nutzung der App „DAD Berlin“ hier wiederum Technische Voraussetzungen für die Nutzung der Dienste der DAD Consulting Berlin
Section 10 Prices / processing payment
1. Remuneration for the consultation services from DAD Consulting Berlin is calculated according to a contract agreement prepared separately. The costs announced to the user by DAD Consulting Berlin at the time of concluding the contract apply.
2. The level of remuneration will be made known to the client before using the telemedical consultation.
3. Invoicing for telemedical advice is undertaken by and on behalf of the medical specialist consulted. DAD Consulting Berlin handles the payment transactions on behalf of the medical specialist consulted. This is done on the basis of effective assignment of the claim by the doctor to DAD Consulting Berlin. All employees working for DAD Consulting Berlin are obliged to observe data protection and are bound to confidentiality. In order to be in a position to have payment processed through DAD Consulting Berlin, the client must consent to invoicing and the associated data processing towards DAD Consulting Berlin and the medical specialist consulted represented by DAD Consulting Berlin.
4. The client can undertake payment by bank transfer.
The bank details are as follows:
IBAN: DE12 1007 0024 0270 9343 00
Section 11 Liability
1. DAD Consulting Berlin is liable in accordance with statutory provisions only in the event of intent or gross negligence with culpable breach of essential contractual obligations, the fulfilment of which could particularly have been relied on.
2. Liability of DAD Consulting Berlin for damages, in particular due to delay, non-fulfilment, inadequate fulfilment or unauthorised action, exists only in case of breach of essential contractual obligations, the fulfilment of which could particularly have been relied on. In all other respects, liability of DAD Consulting Berlin is excluded, unless there are compelling legal provisions.
The limitation of liability also applies to legal representatives and vicarious agents of DAD Consulting Berlin.
3. DAD Consulting Berlin is only liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages, as well as lost profits, is excluded. The same applies to the consequences of labour disputes, accidental damage and force majeure.
4. With regard to the SOPs, newsletters, videos, as well as interviews of DAD Consulting Berlin, liability claims against DAD Consulting Berlin and its authors as advisors, which relate to damages of material or immaterial nature, which were caused through the use or non-use of the information presented and/or through the use of incorrect and incomplete information, are always excluded, provided that there is no demonstrably deliberate or grossly negligent culpability on the part of the author.
5. The client/clinic must prove any culpability on the part of DAD Consulting Berlin.
6. DAD Consulting Berlin is in no event liable for any damages, regardless of the legal reason, which are caused by a breach of obligations of the medical specialist consulted. DAD Consulting Berlin is solely responsible for the conclusion of a service contract between the doctor consulted and the clinic/client and guarantees conclusion of this contract through the appropriate precautionary measures. These measures include, but are not limited to, double duty staffing for the medical specialists being consulted to ensure the smoothest possible virtual ward round process.
Every doctor of DAD Consulting Berlin is required to have their own professional liability insurance.
DAD Consulting Berlin itself has “platform professional liability insurance” from an insurance company. This covers:
- All activities of the telemedical assistants employed by us
- Software errors of the platform that lead to user complaints, for example, due to the doctor overlooking patient data due to technical problems, leading to the treating doctor receiving an inadequate recommendation or no consultation
Section 12 Termination / Blocking of access
Following the appropriate notification, DAD Consulting Berlin reserves the right to revoke or suspend access authorisation for any reason. We are entitled to terminate or suspend access immediately and without notice for a legitimate reason, such as a breach of our policies. Even after termination, the user is still bound by the relevant sections of these provisions.
If the user revokes their consent under data protection law to the processing of data within the scope of this contract for use, this will lead to termination and thus deletion/blocking of access, as the services cannot be rendered without processing this data.
Section 13 Copyrights
1. With the transmission of photographs, other images, video recordings or texts, the treating doctor/clinic grants DAD Consulting Berlin the simple rights of use to the transmitted documents to execute the service contract relating to the use of the telemedical consultation service.
2. The copyright for pictures, video recordings, representations or texts, which DAD Consulting Berlin publishes at www.dad-consulting.eu or the app is held exclusively by DAD Consulting Berlin. This also applies for the exclusive rights of use. The use of the images, video sequences or texts is not permitted without the consent of DAD Consulting Berlin.
Section 14 Data protection
1. The safety of our users and patients is important to us. Although we strive to protect user data and user accounts, DAD Consulting Berlin cannot guarantee that unauthorised third parties will not succeed in breaching our security measures. We request users to keep their password safe. Please notify us immediately if you become aware that the security of your account has been compromised or accessed without authorisation.
Section 15 Right of revocation
1. In accordance with the statutory provisions, the client is entitled to revoke its declaration of intent pertaining to the use of the services from DAD Consulting Berlin.
The details of this right of revocation can be found in the following instruction concerning the right of revocation.
Instruction regarding revocation:
You may revoke your contractual declaration within 14 days in text form (e.g. by letter, fax or e-mail) without stating reasons. The revocation period begins on the day the contract is concluded. The declaration of revocation has to be sent to DAD Consulting Berlin, Johann-Landefeldt-Str. 23, 14089 Berlin.
To formulate revocation, you can use the revocation form below, but you are not obliged to. The timely dispatch of the revocation is sufficient to observe the revocation period.
In the event of effective revocation, the mutually received benefits are to be returned and any profit derived surrendered. In the event of your effective revocation, we are obliged to immediately reimburse you any payments we have received from you. We use the bank transfers for repayment. Repayment is free of charge.
If we have already rendered the service incumbent upon us within the revocation period, in the event of effective revocation you are obliged to reimburse us an amount corresponding to the services we have rendered up to the time of receiving your revocation.
Your right of revocation expires prematurely if we have rendered the service completely and have only started to implement the service after you, as a consumer, have given your express consent to this and at the same time you have confirmed that you are aware that you lose your right of revocation if we have completely fulfilled the contract.
Please note that this right of revocation only applies to the service from DAD Consulting Berlin and not to the consultancy contract concluded separately with a doctor and the services rendered by the doctor.
Model revocation form
In the event that you wish to revoke your contractual declaration, you can use this form, but you are not obliged to. You can complete this copy and send it to us.
To DAD Consulting Berlin
I hereby revoke the contract I have concluded for rendering of services through www.dad-consulting.eu and/or the “DAD Berlin” app .
Signature (only if the written form is chosen)
Section 16 Other provisions
1. If one or more provisions of these GTCs should be ineffective, the remaining provisions remain unaffected. The parties undertake to replace the invalid provision by a legally valid provision whose economic success corresponds as far as possible to the invalid provision. This also applies in the event of a regulatory gap.
2. Amendments or supplements to these GTCs must be made in writing. This also applies to the waiver of the requirement of the written form.
An intended amendment will be communicated to the users who have registered by e-mail to the address provided to DAD Consulting Berlin. The respective amendment will take effect if the respective user does not object within two weeks after sending the e-mail. The timely dispatch of the objection is decisive for compliance with the two-week deadline.
If the user objects to the amendment within the two-week period of notice, DAD Consulting Berlin is entitled to terminate the contractual relationship as a whole without notice, without the user having any claims against DAD Consulting Berlin.
3. German law is exclusively applicable to the business relationship between the treating clinic and DAD Consulting Berlin concerning the use of the telemedical services or the “DAD Berlin” app. The place of jurisdiction is the registered office of DAD Consulting Berlin.
4. According to Article 36 of the German Consumer Dispute Resolution Act [Verbraucherstreitbeilegungsgesetz, VSBG], we inform you that the EU Commission provides a platform for resolving disputes online in cases involving online purchases, etc. in which a consumer is involved. You can access this platform at: click here
We are not obliged to participate in this dispute resolution procedure. You can reach us at the e-mail address firstname.lastname@example.org
Status: March 2022