For users of GAM MEDICAL
Thank you for choosing to use our web platform. Please note that use of our platform is subject to the following General Terms and Conditions of Use (hereinafter referred to as ‘Terms’). We therefore ask you to carefully read and accept these Terms, as well as our Privacy Policy, before using our platform for the first time. Otherwise, use of our platform and the services associated with it will unfortunately be excluded.
4.1. Diese Bestimmungen beziehen sich auf unser gesamtes Leistungsangebot, welches Sie unter https://gam-medical.de/ abrufen können und sollen die vertraglichen Beziehungen zwischen Ihnen und uns, der GAM Medical DACH UG, regeln.
4.2. We do not recognise any deviating provisions. Any other provisions shall only apply if expressly agreed in writing.
4.3. You may only use our range of services if you are at least 18 years of age, have full legal capacity and are a consumer within the meaning of Section 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed to their commercial or self-employed activity. Our services are therefore intended solely for private use and may not be used by you for professional or commercial purposes. Any other use is only permitted with our express written consent.
4.4. Our range of services is aimed exclusively at natural persons. You can use our range of services regardless of whether you are self-employed or a private payer. However, under certain circumstances, our range of services may be reimbursed by your health insurance. We cannot expressly guarantee that our range of services will be reimbursed under your existing health insurance.
4.5. You can access, download and print the current version of the General Terms and Conditions of Use at any time at www.gam-medical.de/agb/.
5.1. Access to and provision of telemedical services is a core component of our range of services. Medical or therapeutic treatment is carried out either by practitioners working for us or by doctors at our partner clinics based in Italy.
5.2. The range of services is only available to customers who are resident in Germany, Austria or Switzerland.
5.3. In addition to psychological counselling, our range of medical services also includes support for acute medical questions about ADHD and all other concerns related to your case.
5.4. The medical service providers who carry out telemedical consultations and additional services (e.g. psychoeducation) with you are our direct service providers and are themselves expressly not contractual partners in a user agreement concluded on the basis of these provisions. Insofar as they provide a medical service, this is done exclusively under the auspices and responsibility of GAM, so that the individual contractual agreement is generally concluded between us and you (treatment contract).
5.5. Our range of services enables users to contact us via our online platform, for example by using the contact form provided on our website. An online questionnaire can be used to assess whether ADHD may be present. The user is then referred to one of our psychologists or psychiatrists, who will conduct an initial online consultation with the user free of charge. After this initial consultation, further diagnostic measures, such as blood tests or an ECG, may be ordered. Once these tests have been completed and an ADHD diagnosis has been confirmed, our treating psychologist or psychiatrist will issue an official diagnosis certificate. This entire process can take up to two to three months. Subsequently, possible therapeutic approaches, including individual and group psychoeducation as well as pharmacological treatments, will be discussed with our medical service providers and then recommended by us.
5.6. GAM only contracts medical service providers who have the necessary authorisation to practise the relevant medical professions.
5.7. GAM’s services are not suitable for medical emergencies. In such cases, please dial 112 or go directly to an emergency clinic.
5.8. We reserve the right to modify our range of services at any time with future effect. For this reason, we cannot guarantee the permanent availability of certain services.
5.9. Further information about our range of services can be found at www.gam-medical.de/preise-gam-medical/.
6.1. Use of our services within the scope of our platform is only possible after conclusion of a valid user agreement based on these terms and conditions.
6.2. A user agreement is concluded when you contact us via our web platform by selecting a service (ADHD test, diagnosis, psychoeducation, group education or drug therapy) and thus making use of our range of services.
6.3. A valid treatment agreement is concluded at the latest when you contact our medical service providers within our organisation.
7.1. We, as the contractual partner and service provider, are responsible for billing medical and therapeutic services.
7.2. For the provision of our medical and therapeutic services, we are entitled to a fee, which is determined individually in accordance with the German Scale of Medical Fees (GOÄ) or the Scale of Fees for Psychological Psychotherapists and Child and Adolescent Psychotherapists (GOP), unless otherwise agreed in an individual fee agreement between you as the user and patient and us.
7.3. You undertake to make all payments exclusively to us. Further information on the processing of your data can be found in our privacy policy.
7.4. Please refer to the relevant section of our website for the methods available for your payments.
9.1. No registration is required to use the web platform. To use our services, you only need to enter your personal data as defined in Art. 4 No. 1 (GDPR) in an external form provided by ‘Jotform’. To complete the registration, you must provide us with all the information requested in the form truthfully and in full. At the time of registration, the user must be at least 18 years of age and have full legal capacity.
9.2. There is no legal entitlement to the use of our services. We are entitled to refuse to provide the services offered without giving reasons.
9.3. We are also entitled to reject the user agreement or a treatment agreement without giving reasons, in particular if a necessary relationship of trust cannot be expected, if the complaints cannot be treated by us due to the medical and therapeutic specialisation offered, or if they could cause us and our medical service providers to face conflicts of conscience. In this case, our fee claim for the services rendered up to the point of rejection, including consultation, remains valid.
9.4. The diagnostic report is usually prepared within three weeks of the last diagnostic consultation. Deviations from this deadline may occur without justification. There is no legal right to compliance with this deadline.
9.5. All content published on our platform (e.g. texts, images or videos) is subject to copyright protection and is generally our property or licensed by us accordingly.
9.6. You may only use our platform and our range of services in an appropriate manner and, in particular, may not distribute any prohibited, defamatory, offensive, violent and/or pornographic content.
9.7. Furthermore, we would like to point out once again that our range of services may expressly not be used for commercial purposes.
10.1. We collect and use your personal data within the meaning of Art. 4 No. 1 GDPR for the purpose of initiating and processing the contractual relationship with you. Personal data is defined as any information that can be attributed to a specific person (e.g. you). This includes, among other things, your billing address and payment information.
10.2. In addition, we also collect and use health data within the meaning of Art. 4 No. 15 GDPR. Health data is defined as all personal data relating to the physical or mental health of a natural person, including the provision of health services, and from which information about their state of health can be derived.
10.3. Details about the use of and our handling of your health data and personal data can be found in our privacy policy at any time. You can access, download and print the current version of our privacy policy at any time at gam-medical.de/datenschutzbestimmungen.
10.4. Before a usage agreement and any subsequent treatment agreement between you and us can be concluded, you must consent to the data protection provisions. Detailed information on how we handle your data can be found in our privacy policy.
11.1. Our warranty for material defects and defects of title is based exclusively on the applicable statutory provisions – in particular Sections 434 et seq. of the German Civil Code (BGB).
11.2. We expressly do not guarantee that the use of our services will improve your well-being or state of health. In particular, we do not owe you any specific success in this regard.
11.3. Treatment by our medical service providers is provided in accordance with the rules of medical practice. We do not owe the patient any guarantee of successful treatment.
11.4. We do not give any guarantees as a matter of principle. In the exceptional case that we do advertise guarantees, the details of these are set out in the respective guarantee conditions, which we have provided to you in text form prior to conclusion of the contract.
11.5. We generally guarantee a minimum availability of 95 per cent for the web platform. This does not include times when maintenance work is being carried out on servers and/or software. We will inform you of planned maintenance work in good time via a suitable channel.
12.1 Appointment requests or agreed appointments can be postponed or cancelled by emailing kontakt@gam-medical.de or by calling +49 1579 2605390.
12.2 Cancellations or rebookings are only free of charge if they are made at least 48 hours before the appointment. After that, a cancellation fee is usually charged in the amount of the missed appointment.
12.3 GAM may cancel appointments without giving reasons.
12.4 A fee in the amount of the missed appointment is usually charged for missed appointments.
13.1 We reserve the right to withdraw or suspend access authorisation for any reason after giving appropriate notice, or to prohibit use. We are entitled to terminate or suspend access or use immediately and without notice if there is a legitimate reason. Even after termination, the user is still bound by the relevant sections of this provision.
13.2 If the user revokes their consent to the processing of health data within the scope of the user agreement, this will result in termination and thus deletion/blocking of access, as the services cannot be provided without the processing of this data.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of this right of withdrawal before the expiry of the withdrawal period.
Your right of withdrawal expires prematurely if we have fully performed the service and only began performing the service after you, as the consumer, gave your express consent and at the same time confirmed your awareness that you would lose your right of withdrawal upon complete fulfilment of the contract by us.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service should commence during the withdrawal period, you shall pay us a reasonable contribution corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract in comparison to the total scope of the services provided for in the contract. If our service has been provided free of charge to date, you are not entitled to a refund.
– End of the cancellation policy –
Sample cancellation form
I/we (*) hereby cancel 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 consumer(s) __________________________________
Signature of consumer(s) __________________________________
(only for paper notifications)
Date __________________________________
(*) Delete as appropriate
You can send your cancellation either by post to
GAM Medical DACH UG
Werderstrasse 20
86551 Aichach
or by email to kontakt@gam-medical.de.
15.1. In the event of liability
• under the Product Liability Act,
• in cases of intent or fraudulent misrepresentation,
• in cases of gross negligence,
• for injury to life, limb or health,
• if the provider has assumed a guarantee,
• in the cases specified in Section 288 (6) sentence 1 of the German Civil Code (BGB) and
• in all other cases of mandatory legal liability,
we shall be liable to you in accordance with the statutory provisions.
15.2. Furthermore, we shall be liable to you for damages in accordance with the statutory provisions in the event of a culpable breach of essential contractual obligations (so-called cardinal obligations). Cardinal obligations in this sense include all obligations whose breach jeopardises the achievement of the purpose of the contract, as well as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance you as a user can regularly rely. If the breach of cardinal obligations is only slightly negligent and does not result in injury to life, limb or health, your claims for damages are limited to the amount of the typical foreseeable damage.
15.3. We accept no liability whatsoever for services provided by third parties who are not our legal representatives, employees or vicarious agents. If these services are provided on the basis of a contract with you, reference is made to the respective contractual terms and conditions of the relevant third-party provider with regard to liability. In particular, we are not liable for damages resulting from incorrect or false data records or incorrect handling by a service provider. The respective service provider is solely responsible to you for this.
15.4. GAM accepts no liability for content accessible via links that refer to external videos, in particular if this content is no longer up to date from a medical or therapeutic perspective. It is your responsibility to check the currency and accuracy of the content accessible via such links. The operator merely provides access to this information without monitoring the content or checking its currency.
15.5. Any existing statutory liability privileges remain unaffected by this disclaimer.
15.6. Insofar as our liability as a provider is limited or excluded in accordance with the above provisions, this disclaimer also applies to the personal liability of our legal representatives, employees and vicarious agents.
15.7. The above provisions do not imply a change in the burden of proof to your disadvantage.
15.8. Your claims for damages shall become time-barred within the statutory limitation periods from the start of the statutory limitation period.
16.1. The language available for concluding a contract with you is German. We reserve the right to offer additional contract languages in the future. If we already offer several contract languages at the time of concluding the contract with you, the German language version of this provision shall prevail in the event of contradictions.
16.2. The user agreement is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and with the exception of the provisions of international private law. Mandatory protective provisions of the law of the country in which the user, who is a consumer, has his habitual residence remain applicable.
16.3. The place of jurisdiction for all disputes arising from or in connection with an agreement concluded on the basis of these provisions shall be determined in accordance with the statutory provisions. Our place of business is Aichach.
16.4. The place of performance for all contractual obligations arising from or in connection with an agreement concluded on the basis of these provisions shall be our place of business.
16.5. The text of the contract, as well as these provisions, will be stored by us and can therefore be made available to you at a later date.
16.6. Under applicable law, we are also obliged to inform you, as a consumer within the meaning of Section 13 of the German Civil Code (BGB), of the existence of the EU dispute resolution platform (known as the ODR platform). This platform can be used to settle disputes between businesses and consumers without the need to involve a court. The European Commission is responsible for setting up the ODR platform. You can access the ODR platform via the following link: https://ec.europa.eu/odr . We would like to point out that we are neither obliged nor willing to participate in such a dispute resolution procedure (online dispute resolution).
16.7. Amendments to these provisions must be made in writing. This also applies to amendments to this clause.
16.8. We reserve the right to amend these provisions at any time with future effect in order to respond appropriately to legal or economic developments. If required by law, we will seek your express consent for any amendments to these provisions in case of doubt. Otherwise, you will be informed of any amendments to these provisions in good time via a suitable channel.
