General Terms and Conditions

Status: 22 January 2021

§ 1 General

(1) The use of the services offered by Ipso Healthcare My7steps Online Counseling is governed by these General Terms and Conditions. Any deviating agreements must be made in writing.

(2) The provider of the Internet offer My7steps Online Counseling is:

Ipso Healthcare GmbH

Münsterplatz 13

78462 Constance

Internet: ipso-healthcare.org

E-mail: info(a)ipso-healthcare.org

Register court: AG Freiburg i. Br.

Registration number: HBR12651

Managing directors with power of representation: Ingeborg Maria Mißmahl-Grusche, Dr. Ralph Grobecker

§ 2. Scope of services

(1) Ipso Healthcare GmbH offers the online platform My7steps Online Counseling, on which registered users are offered support for psychosocial problems in a protected area behind a login. Registration with My7steps Online Counseling is free of charge for users.

(2) After registering online, users can carry out an initial self-test.

(3) Afterwards, it is possible to arrange a live consultation with a psychologically trained counsellor online. Further details on this offer, its costs and other conditions are given in the booking process. The service description on My7steps Online Counseling agreed as an integral part of the contract when booking a service subject to a charge is authoritative in each case.

(4) Ipso Healthcare GmbH does not record the conversations within the scope of the live consultation. For quality control purposes, the user is requested to carry out an evaluation after the counselling session.

(5) My7steps Online Counseling does not offer any psychotherapeutic services. Neither the use of My7steps Online Counseling nor the arrangement of online counselling sessions with a counsellor replaces a necessary psychotherapeutic treatment. Seek out a local psychotherapist or, in urgent cases, an emergency outpatient clinic. Special professional regulations and restrictions apply to medical care via the internet. The range of services is therefore limited to the current legal possibilities. Special instructions in the description of services and the provision of services are binding.

(6) Important note: My7steps Online Counseling is not suitable for you if you have concrete plans to end your own life. If you have these plans or if these plans occur during the use of My7steps Online Counseling, you must immediately consult a doctor or psychotherapist or immediately contact the telephone counselling service (telephone number: 0800 111 0 111), the German Depression Aid (www.deutsche-depressionshilfe.de) or the known emergency numbers police: 110 or fire brigade: 112.

§ 3.Conclusion of the contract

(1) Contracts are concluded exclusively between Ipso Healthcare GmbH and the user. The contract only entitles the user to personal use of the service.

(2) The contract is only concluded upon acceptance of the User’s booking by Ipso Healthcare GmbH. Acceptance can be declared explicitly or by activating the offer for use.

(3) After receipt of the booking, Ipso Healthcare GmbH sends the User an e-mail confirming that the offer has been booked. This order confirmation is not yet an acceptance of the booking.

§ 4. Prices and payment procedure

(1) The prices stated at the time of the respective order process apply. All prices stated include the statutory value-added tax, shipping costs do not apply.

(2) The user is provided with the payment options listed on the website. All costs incurred by Ipso Healthcare GmbH due to incorrect information provided by the user or insufficient funds in the user’s account shall be borne by the user in accordance with the statutory provisions.

§ 5. Registration

(1) The use of My7steps Online Counseling requires the creation of a user-specific account, for which registration is required. Registration requires that the user truthfully and completely submits all data requested in the registration mask to Ipso Healthcare GmbH. When registering, the user must be at least 18 years old and have unlimited legal capacity. During registration, the user is requested to agree to the general terms and conditions and data protection regulations.

(2) After registration, the user receives an e-mail with a confirmation link to an e-mail address provided by him/her during registration. This link must be clicked to activate the account. If the account is not activated within two weeks, the registration process shall be terminated and the data entered shall be deleted. With the activation of the account, a user agreement is concluded in accordance with the General Terms and Conditions.

(3) There is no legal claim to the use of the service My7steps Online Counseling of Ipso Healthcare GmbH. Ipso Healthcare GmbH is entitled to refuse registration without giving reasons.

§ 6. Cancelation policy

Right of withdrawal:

If the User is a consumer within the meaning of § 13 of the German Civil Code (BGB), he/she has a statutory right of revocation. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

As a consumer, you have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must contact us:

Ipso Healthcare GmbH,

represented by the managing directors: Ingeborg Missmahl-Grusche, Dr. Ralph Grobecker

Münsterplatz 13

78462 Constance

E-mail: info(a)ipso-healthcare.org

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal:

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us its reasonable amount, which corresponds to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Expiry of the right of withdrawal:

Pursuant to Section 356(4) of the German Civil Code, the right of withdrawal also expires in the case of a contract for the provision of services if the trader has provided the service in full and has only started to provide the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be transmitted on a durable medium.

– End of the cancellation policy-

§ 7. Information Duties

(1) Ipso Healthcare GmbH is not subject to or participates in any out-of-court complaint or redress procedures.

(2) All further information on the offer and processing of My7steps Online Counseling can be found in the service description when an order is placed.

(3) With regard to the technical steps for concluding the contract, the section Registration must be observed.

(4) The user can save the text of the contract by using the “Save as” function of his browser to save the relevant Internet page on his computer. Using the print function of his browser, he also has the option of printing out the text of the contract. Ipso Healthcare GmbH itself does not save the contract texts.

(5) The user can correct his entries at any time during registration by selecting the “Back” button in the browser and then making the corresponding change. By closing the web browser, the user can cancel the registration at any time.

(6) The contract is concluded in the respective national language. In Germany in German language.

§ 8. Rights of use

(1) The user is exclusively entitled to the rights to the My7steps Online Counseling service granted under these General Terms and Conditions.

(2) The content, information, images, videos, databases published by Ipso Healthcare GmbH via the online platform My7steps Online Counseling and my7steps.de are generally protected by copyright and are generally owned or licensed by Ipso Healthcare GmbH.

(3) The content on the online platform may only be used or reproduced for personal and not for commercial purposes. Passing on the contents without the express consent of Ipso Healthcare GmbH is prohibited.

§ 9. User data

(1) No data will be collected, processed, passed on or used without the consent of the user. Data collected with consent will only be processed, passed on or used insofar as this is necessary for the processing of the contractual relationship and for the fulfilment of services.

(2) Within the scope of the availability of My7steps Online Counseling, the user has the possibility at any time to retrieve, change or delete the data stored by him in his account.

(3) The live consultations held online are neither recorded nor stored by Ipso Healthcare GmbH.

(4) For the rest, we refer to our data protection declaration under: (link ergänzen).

§ 10 Availability

(1) My7steps Online Counseling is generally available 24 hours a day. This does not include times when data back-up work is being carried out and system maintenance or programme maintenance work is being carried out on the system or the database. Ipso Healthcare GmbH will keep the possible disruptions resulting from this as low as possible.

(2) Counseling sessions shall only take place by prior appointment within My7steps Online Counseling.

§ 11. Liability

Ipso Healthcare GmbH is liable for damages, regardless of the legal basis, as follows:

(1) The liability for damages in case of intent and gross negligence is unlimited.

(2) The liability for damages in the case of simple negligence is limited to damages from the violation of essential contractual obligations, the fulfilment of which make the proper execution of the contract possible in the first place and on the observance of which the contractual partners regularly rely and may rely; however, the amount is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

(3) The above limitation of liability does not apply to claims for damages due to fraudulently concealed defects, the assumption of a quality guarantee, the Product Liability Act or injury to life, limb or health.

(4) The above liability provisions also extend to claims for damages against organs, representatives, owners, executives, employees or agents of Ipso Healthcare.

§ 12. Duties of the User

(1) The User may only use the service offer in an appropriate manner. In particular, he/she shall keep his/her user name and password for access secret, shall not pass them on, shall not tolerate or allow them to be known and shall take the necessary measures to ensure confidentiality and, in the event of misuse or loss of these details or a corresponding suspicion, report this to the company.

(2) The user is obliged to provide correct, comprehensive and truthful information required for the provision of the services.

(3) Within the scope of the use of My7steps Online Counseling, users may not perform any illegal acts or violate applicable laws, in particular they may not: store, publish and/or transmit content that violates the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights, or impersonate another person within the program,

§ 13. Blocking of access / termination

(1) Ipso Healthcare GmbH reserves the right, in the event of suspicion of misuse or significant breach of contract, to investigate these events, to take appropriate precautions and, in the event of justified suspicion, to block the user’s access. If the suspicion can be dispelled, the blocking will be lifted again, otherwise Ipso Healthcare GmbH is entitled to an extraordinary right of termination.

(2) Each party has the right to terminate the contract at any time. Termination by the User can be effected by e-mail or by clicking the “Termination” button in the login area. Termination by Ipso Healthcare GmbH is only possible by e-mail. The termination becomes effective upon receipt of the notice of termination. When the termination becomes effective, the User’s access to the My7steps Online Counseling online platform is blocked.

§ 14. Amendments

(1) Ipso Healthcare GmbH has the right to amend the General Terms and Conditions at any time vis-à-vis the users with effect for the future.

(2) Registered users will be notified of an intended change by e-mail to the e-mail address provided by the user. The respective amendment shall become effective if the respective user does not object to it within two weeks after the e-mail has been sent. The timely sending of the objection is decisive for compliance with the two-week period.

(3) If the user objects to the change within the two-week period, Ipso Healthcare GmbH is entitled to terminate the contractual relationship as a whole without notice without the user being entitled to any claims against Ipso Healthcare GmbH. If the contractual relationship is continued after the effective objection of the User, the previous General Terms and Conditions shall remain valid.

§ 15. Final Provisions

(1) German law shall apply.

(2) Should individual provisions of these General Terms and Conditions including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

Withdrawal form template

(If you wish to cancel the contract, please complete and return this form).

– –

To

Ipso Healthcare GmbH

Münsterplatz 13

78462 Constance

info@ipso-healthcare.org

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service:

Commissioned on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Date, signature of consumer(s) (only in case of paper communication).

(*) Delete where inapplicable.