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 As a physical therapist:in you have the opportunity to present yourself, your services and your specializations. We offer you to arrange appointments online via our platform. The entire scope of services results from the cooperation agreement concluded with you.
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 entries are ranked according to your search criteria and on a random basis and do not represent a recommendation of a particular phy-therapist.
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 capacity 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 will make every effort to resolve 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 legally protected and may not be copied, distributed, made available online or otherwise exploited in whole or in part without our consent.
3. user accounts
3.1 The use of Heimphysio.at is possible without registering for a user account. For example, the information about the participating therapists is accessible without registration. Certain functions of our website, such as viewing the calendar and billing, require that you log in with your user data.
3.2 The user accounts for therapists who are in cooperation 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 case letters, lower case letters, numbers and special characters.
3.4 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 obtained 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 Patients have the possibility to make an appointment directly with you via our platform. For the appointment booking, all those timeslots are available that you have indicated to us as available timeslots. You agree to keep this information current at all times and to notify us of any future changes in a timely manner in advance (at least 14 days). A change of the available periods is always possible only at the beginning of the next month. Dates already entered at the time of announcement will not be affected and must be rescheduled or cancelled by you individually.
4.2 The appointment is immediately binding when we have sent a confirmation to the patient.
4.3 Treatment contracts are concluded exclusively between you and the respective patient who has confirmed the appointment with you. We are not party to these contracts. We will not act as a proxy or broker.
4.4 You have the option of also entrusting us with billing and in-collection. In this case, the treatment will be invoiced through us.
4.5 In the login area of your user account, you will find the dates already booked and the dates still to come, and you will be able to view the hono- rarnotes and the status of the submissions to the social security institution.
5 Liability and warranty
5.1 We shall only be liable to you for damages that we or our vicarious agents have caused intentionally or through gross negligence. We make every effort 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 shall be excluded to the extent permitted by law. The 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 plausibility of the data, description texts, videos, photos, certificates, licenses, qualification certificates, etc. provided by the therapists. 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. term, termination and blocking
6.1 The User Account Agreement 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 without notice at any time for good cause.
6.3 Termination of the contractual relationship shall have no effect on the dates agreed via the platform up to that point. Please contact the respective patient(s) if necessary.
6.4 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.
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 determined by a court or recognized by us, or in case of our insolvency.
8. contractual language, applicable law, place of jurisdiction
8.1 The contractual language is German. Versions of these terms in other languages are for reference only. Only the German version is authoritative.
8.2 Should individual provisions of these Terms and Conditions be or become ineffective and/or contradict the statutory provisions, this shall not affect the effectiveness 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.
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 conventions, insofar as these refer to law other than Austrian law.
8.4 The place of performance shall be the registered office of our company. All disputes arising from this agreement, including the question of its effective existence and its termination, shall be subject to the exclusive jurisdiction of the competent court at our registered office.