1. contracting parties, scope of application, amendments
1.1 The platform Heimphysio.at is an offer of HP Heimtherapien und Services GmbH, Hadikgasse 108/3, 1140 Vienna (hereinafter also “HuS” or “we”).
2. subject of the online platform
2.1 Heimphysio.at is a platform for the mediation of home visits by physiotherapists.
2.2 You can access information on home visit physiotherapy on our platform and have the possibility to book appointments with Therapist:s.
2.3 Only therapists who are in cooperation with us are represented on our platform. We do not offer a complete directory of physical therapists. The ranking of the entries is based on the search criteria you specify and on the random principle and does not represent a recommendation of a specific physiotherapist.
2.4 We reserve the right to expand the range of services offered by 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 part. We do not guarantee that Heimphysio.at is constantly accessible and that all content there is constantly available. We are committed to resolving any platform outages as quickly as possible.
2.6 We may temporarily restrict access to and performance of our Platform if necessary for maintenance, updates, security and system integrity. We will inform you in advance about longer lasting maintenance works.
2.7 Our database of physiotherapists is protected by law and may not be reproduced, distributed, made available online or otherwise exploited in whole or in part without our consent.
3. user accounts (the user account is not available)
3.1 The use of Heimphysio.at is possible without registering for a user account. For example, the information about the participating therapists can be accessed without registration. Certain features of our website, such as changing booked appointments, are only available to registered users.
3.2 As a registered user:in you have additional advantages: you do not have to re-enter your data, 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).
3.4 We reserve the right to refuse a registration without giving reasons. To prevent misuse, you will receive a confirmation email with an activation link from us to the email address you provided. Only after clicking on this link the user account will be created.
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 evidence of this from you.
3.6 You must provide all information requested in the course of registration 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 shall be 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 registration is not permitted. Transferring the user account to another person is not allowed.
3.8 The password must be at least eight characters long and consist of upper case letters, lower case letters, numbers and special characters.
3.9 You must keep your login data (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 notify 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. By clicking on “Book appointment” you make a binding appointment booking.
4.2 The appointment is only bindingly agreed when you have received an appointment confirmation from us.
4.3 In your user area you will find a list of all previously booked appointments. There you have the possibility to change and cancel bookings. Please cancel a booked appointment immediately if you cannot keep it, so that it is not blocked for other patients.
4.3 You can change or cancel a booked appointment only by sending a message to the therapist(s) you have chosen. Please cancel a booked appointment immediately if you cannot keep it, so that it is not blocked for other patients.
4.4 Treatment contracts are concluded exclusively between you and the respective physical therapist. We are not party to these contracts. We will not act as a proxy or broker. Therefore, always address any questions or claims regarding treatment directly to the respective physical therapist(s).
4.5 If you have a patient account, we can, if you activate the corresponding function, remind you to make a recurring treatment appointment for your support.
4.6 In the login area of your patient account, you will find the appointments that have already been booked and those that are still to come, and you can view the fee notes and the status of the submission to the social insurance agency.
5.1 We may ask you to give us feedback about our service and about your experience with the therapist(s). This feedback can be provided, for example, via a questionnaire or as a review on online platforms.
5.2 You grant us the right to use all content that you write in the context of such feedback or a review – both to us and as a review on online platforms – free of charge, non-exclusively and unrestricted in terms of location, time and content, in whole or in excerpts. 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 Heimphysio.at and on other websites, video channels and social media profiles of HuS – for example as part of a showcase or in promotional films – to distribute it on promotional folders and in other printed materials, to broadcast it for promotional purposes, to reproduce it publicly and to edit it within the scope of what is necessary for these uses. You warrant that you can grant us the authorization to this extent.
5.3 You waive the right to be named as the author. However, we are entitled to your first name and the first letter of your last name.
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 this content for accuracy, timeliness, completeness and legality. We are not liable and do not guarantee the accuracy, timeliness and / or completeness of this content.
6.3 We are also not able and not obliged to check the qualification and suitability of the therapist(s) for your requirements. Please form a sufficient picture for yourself and do not hesitate to ask him/her any queries and request supporting documents.
6.4 You are aware that all contracts you enter into 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 address all claims to the respective contractual partner.
6.5 The billing and reimbursement information published on Heimphysio.at is compiled to the best of our knowledge. However, we do not warrant that this information is current, accurate or complete. Please check directly with the therapist and health insurance company for 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 physician and/or health care professional. HuS does not offer such services itself.
7. term, termination and blocking
7.1 The User Account Agreement is concluded for an indefinite period of time.
7.2 You may terminate this Agreement at any time by deleting your Account in writing via email and/or in 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 any month. Cancellation is done by sending an email to the email address you provided.
7.4 This shall not affect our right to terminate this contract without notice at any time for good cause. An important reason entitling us to terminate without notice exists, among other things,
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 request you to remedy the violation within a reasonable period of time.
7.6 In the event of termination without notice by us, you shall not be entitled to a new registration, not even under a different name.
7.7 Termination of the contractual relationship shall have no effect on the dates agreed via the platform up to that point. Please contact the respective therapist(s) for this.
7.8 We will remain entitled to use the content written by you as part of your feedback even after termination of your user account.
7.9 In the event of termination, we will give you a reasonable period of time to back up your data before deleting it. After deletion, recovery of your data is not possible. You are responsible for timely backup yourself.
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 determined by a court or recognized by us, or in case of our insolvency.
9. contract language, dispute resolution, applicable law, place of jurisdiction
9.1 The contractual language is German. Versions of these terms in other languages are for reference 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 as close as possible to the economic sense and purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of regulatory gaps.
9.3 The consumer arbitration bodies responsible for transactions conducted via our platform are:
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
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
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 can be found at the address 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 rules of reference, to the extent that they refer to law other than Austrian law.
9.6 The place of performance shall be 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 may, in derogation thereof, only be sued before those courts in whose jurisdiction your domicile, habitual residence or place of employment is located.