HealthCaters offers health checks within the framework of company health management. Based on representative biomarkers and information on family history and lifestyle habits, the health status and associated risk factors of a participant are anonymously compared with generally accessible national and international health data. Such a comparative survey makes no claim to completeness and does not preclude health data that were not collected from deviating from the norm. This comparative survey is not intended to identify or rule out existing or impending diseases and is not a substitute for routine or necessary medical visits. Making reliable diagnoses, treating conditions of all types, and using medication-based therapy require consultation with independent, medical professionals. For specific questions about treatment and care of ailments, participants must consult their physician or health care professional. The goal of the HealthCaters offering is to raise participants' awareness of health issues and to provide an incentive to take a more active approach to their own health.
Registration / Application
HealthCaters accepts this offer by sending the user an e-mail with a confirmation link to an e-mail address provided by the user during registration. HealthCaters declares acceptance subject to the condition precedent that the User clicks on the activation link provided in the confirmation email. This link must be clicked to activate the account. If the account is not activated within two weeks, the registration process will be discarded and the data entered will be deleted. With the activation of the user-specific account, a usage agreement is concluded in accordance with these GTC.
There is no legal claim to the use of the services of HealthCaters. HealthCaters is entitled to refuse registration without giving reasons.
Upon registration, the user must be at least 18 years of age and of unrestricted legal capacity. In cases of doubt, HealthCaters reserves the right to request proof of age or legal capacity from the respective user. The user has the option at any time and within the scope of the availability of the online applications to delete the data stored by him in his account. To retrieve, change or delete the user's data, an email to firstname.lastname@example.org
If the user has paid for a HealthCase with included services but has not yet received it, the user shall have a right of revocation.
Insofar as the user has purchased a HealthCase from HealthCaters, a different start date for the right of revocation shall apply, about which the user shall be instructed separately during the order and upon receipt of the HealthCase.
Right of withdrawal
You have the right to revoke your consent within fourteen days without giving any reason.
The revocation period is fourteen days from the date of purchase.
In order to exercise your right of withdrawal, you must inform us, HealthCaters UG (haftungsbeschränkt), Akazienstr. 3A, 10823 Berlin, Germany, Email: email@example.com
, by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we must refund all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.
If you have already received and used the HealthCase, you must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
Template for the withdrawal form
Sample withdrawal form (If you want to revoke the contract, please fill out this form and send it back to us.)
- To HealthCaters UG, Akazienstr. 3A, 10823 Berlin, Germany, Email: firstname.lastname@example.org
- I /we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where inapplicable.
There is no out-of-court complaint or appeal procedure to which HealthCaters is subject. Regarding the technical steps for the conclusion of the contract, § 3 of these GTC must be observed. The user can retrieve the text of the contract at any time in the app under the icon for "Settings". HealthCaters itself saves the contract texts and makes them available to the user by email upon request. The user can cancel and correct his entries at any time during registration.
The user is exclusively entitled to the rights to the WebApp offer granted under these General Terms & Conditions. The content, information, images, videos, databases published via the application of HealthCaters website are generally protected by copyright and generally owned or licensed by HealthCaters.
The content may only be used or reproduced for personal and not for commercial purposes. Distribution of the content is prohibited without the express consent of HealthCaters.
The range of services is generally available 24 hours a day. Excluded from this are the times for health assistance, as well as the times during which data backup work is performed and system maintenance or program maintenance work is carried out on the system or the database. HealthCaters will keep the possible disruptions resulting from this as low as possible.
Any liability of HealthCaters for damages caused by or in connection with the performance of duties under this contract is excluded. A limitation of liability does not apply to:
- Damage resulting from injury to life, body or health;
- Damages based on a breach of duty by HealthCaters with respect to essential contractual rights and obligations which are indispensable for the proper performance of the contract, and the achievement of the purpose of the contract is jeopardized thereby (cardinal obligations), whereby liability in this case is limited to typical and foreseeable damages;
- Damages based on an intentional or grossly negligent breach of duty by HealthCaters;
- Liability under the Product Liability Act;
- Liability in the event of the assumption of a guarantee.
The exclusion and limitation of liability of HealthCaters shall also apply to the legal representatives and vicarious agents of HealthCaters. HealthCaters shall not be liable for damages due to labor disputes and/or force majeure.
The user may only use the service offer appropriately. 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. The User is obliged to provide information required for the provision of the Services correctly, comprehensively and truthfully, as well as to notify any changes to his/her data immediately by email to email@example.com
or, if possible, to change them directly within his/her account.
The user has an obligation to return the HealthCase 7 days after the expiration of the plan duration.
Blocking of access / termination
HealthCaters reserves the right, in the event of suspicion of misuse or material 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 HealthCaters is entitled to an extraordinary right of termination. Insofar as the user has concluded a contract for fee-based services, the user may terminate this contract at any time with four weeks' notice to the end of the respective month. The termination must at least be in text form (e.g. email). Simply deleting the account/app is not sufficient. When the termination takes effect, the user's access to the HealthCaters mobile application will be blocked.
Alternative dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/
. HealthCaters is not obligated to participate in dispute resolution proceedings before a consumer arbitration board and does not participate voluntarily.
HealthCaters has the right to amend the General Terms & Conditions at any time vis-à-vis the users with effect for the future. An intended change will be communicated to the users who have registered by e-mail. The respective amendment shall become effective if the respective user does not object to it within four weeks after the e-mail has been sent. The timely sending of the objection is decisive for compliance with the four-week period. If the user objects to the change within the four-week period, HealthCaters is entitled to terminate the contractual relationship as a whole without notice, without the user being entitled to any claims against HealthCaters. If the contractual relationship is continued after the effective objection of the user, the previous general terms and conditions remain valid.
Should individual provisions of these General Terms & 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. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
This contract and its interpretation shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, shall remain unaffected.
The place of jurisdiction for all and any disputes arising from or in connection with this contract is, insofar as the user is a merchant and this is permissibly agreed, the registered office of HealthCaters.
Published: 5 November 2020