Use of corona.pocketproject.org
Article 1 – Scope
(1) Sharing the Presence e. V. of Wardenburger Straße 24, D-26203 Wardenburg (“Sharing the Presence” or also “We”), operates the website https:// corona.pocketproject.org (“Website”). The services provided to users on the Website under the section headed “support for healthcare staff” shall be subject to the following General Terms and Conditions (Terms).
(2) A user shall be deemed to be any person accessing or entering the health care session or causing the health care session to be accessed. Users shall be deemed to be consumers if the purpose of use may not be mainly attributed to their business or freelance activity. They shall be deemed to be businesses if they are physical persons or legal entities or partnerships with legal capacity acting in the pursuit of their business or professional activities when concluding the contract.
(3) We shall not accept any of the user’s terms and conditions that are different from these Terms. This shall apply even if we do not explicitly object to the application of any such terms and conditions.
Article 2 – Subject Matter of the Contract
(1) We provide an online platform for the intermediation of appointments between users and external consultants. Appointments shall be provided by the consultants autonomously and at their own discretion. The service offered by Sharing the Presence shall be solely limited to the provision of the technical platform for the intermediation of appointments free of charge and to the transmission of the data provided by the user to the external consultants selected by the user. Sharing the Presence shall not act towards the user as a broker nor as any other kind of agent. In particular, Sharing the Presence shall not be liable to the user for the transmission or a successful brokerage.
(2) The content and scope of any services that may be agreed between the user and the consultant shall be determined by the respective agreement entered into by and between the user and the consultant; any such agreement shall be subject to separate terms and conditions. Sharing the Presence shall not be liable for or assume the performance of any services related to an agreement entered into by and between the user and the consultant.
(3) The sole person to talk to in connection with the agreement between the user and the consultant, e.g. as to the arrangement of appointments, contract execution or warranty claims, shall be the consultant concerned in each case.
(4) Sharing the Presence shall not engage in the placement of the staff for the performance of work, but exclusively establish the contact with those independent, not dependently employed consultants listed on the Website. The consultants offering their services shall not be bound by any instructions issued by Sharing the Presence while executing their agreements with users, but rather execute them under their own organisation and responsibility.
Article 3 – Offer of Services, Availability
(1) Sharing the Presence shall not warrant any availability of the service.
(2) There shall be no entitlement to the provision or maintenance of any specific functions or services. Sharing the Presence shall have the right to modify or deactivate as well as to provide subject to specific conditions any existing functions and services from time to time.
Article 4 – Minimum Age
Users must have a minimum age of 18 years in order to use the services provided by us on the Website.
Article 5 – Technical Requirements
For the use of online services some technical minimum requirements (adequate internet connection, updated browser version, loudspeaker, a microphone in case of audio transmissions by the customer and if necessary the download of recommended software) must be met. It is recommended you test the technical functionality before you use any online services.
Article 6 – Sharing the Presence’s Liability
(1) Any claims of the user for damages shall be excluded. This clause shall not apply to any claims of the user for damages arising from injuries to life, limb and health or from material breach of contract as well as liability for any other damages caused by wilful or grossly negligent breach of duty on the part of Sharing the Presence, its legal representatives or agents. Material contractual duties are deemed to be those duties the performance of which is essential for the proper execution of the contract and the respect of which the contracting party may regularly rely on.
The limitations shall also apply in favour of Sharing the Presence’s legal representatives and agents whenever claims are made directly against these latter.
(2) The limitations of liability set forth in section (1) above shall not apply if and to the extent to which Sharing the Presence has fraudulently concealed a defect or has issued a warranty for the quality of the goods. The same shall apply if Sharing the Presence and the customer have made an agreement concerning the quality of the goods. This clause shall be without prejudice to the provisions under product liability legislation.
Article 7 – Copyright and Other Intellectual Property Rights, Responsibility for Third-Party Contents
(1) The contents available on the Website are protected by copyright or other intellectual property rights. Any related rights shall be reserved. The user shall be bound to comply with existing copyrights and ancillary protection rights and undertakes to refrain from any infringement thereof.
(2) The user may access, use and in case of authorised download store the contents of the online services offered by Sharing the Presence solely for user’s private use. The applicable standard in this respect shall be the definition as provided by Section 53 of the German Copyright Act [UrhG].
(3) The user shall not be authorised to modify, reproduce for, disclose to, transmit to third parties, sell or use in any other commercial form any items made available for streaming. Copyright information or brand names must not be altered nor removed.
(4) The contents available on the Website have been created partly by Sharing the Presence and partly by third parties such as the consultants. Concerning the third- party contents, Sharing the Presence will conduct no checks for completeness, correctness and lawfulness and shall therefore not assume any liability or warranty for the completeness, correctness and lawfulness of any such contents. This also and specifically applies with respect to the quality of any such third-party contents and their suitability for a particular purpose. The same shall apply accordingly for any linked third-party websites.
Article 8 – Data Privacy
Sharing the Presence will store the data entered by the user in the input mask on the Website under the section headed “https://corona.pocketproject.org/healthcare- support” and transmit this data to the consultant selected by the user. After transmission Sharing the Presence will delete this data.
(2) The user consents to this data handling.
(3) The user may withdraw this consent at any time.
The withdrawal may be addressed to Sharing the Presence e. V., Wardenburger Str. 24, D-26203 Wardenburg, fax: +49 (0)4407 716095, e-mail: firstname.lastname@example.org or to the consultant selected by the user.
Article 9 – Final Provisions
(1) The contract by and between Sharing the Presence and the user shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, without prejudice to any mandatory regulations under private international law.
(2) In case the user is a trader in terms of Section 1 subsection 1 of the German Commercial Code [HGB], a corporate body under public law or a special fund under
public law, the sole place of jurisdiction for any and all disputes arising from contracts by and between the user and Sharing the Presence shall be Berlin.