Terms and Conditions of Use
1. Operator, scope of application
(1) The website www.junisa.de (www.junisa.ru and www.junisa.org) is offered and operated by the Junisa GmbH (hereinafter called "junisa.de"). Contact data and more details about the Junisa GmbH can be retrieved under “Imprint” (“Impressum”) at any time.
(2) The General Terms and Conditions apply unless otherwise provided by rules (in particular Special Conditions of Use) for the use of the basic service of junisa.de. In case of conflicting rules, the more specific rules have precedence over rules that are less specific.
Use of the basic service of junisa.de is free of charge. However, the use of the services requires an internet connection. Costs may incur for the connection that are based solely on the agreement concluded between the customer and his telecommunication service provider.
3. Commercial Use
Offered services are directed at any natural person of legal age. The industrial and / or commercial use is prohibited. Health insurance companies, embassies and consulates are exempted from the prohibition.
(1) The platform is regularly maintained and updated. However, the occurrence of errors cannot be ruled out even with regular maintenance.
(2) A constant availability of the offered services cannot be guaranteed. Junisa reserves the right to change the services completely or partially or cease them completely at any time and without prior notice. A claim to use of the service – even after registration – does not accrue.
(1) Registration is not required for visiting junisa.de. But junisa.de reserves the right to make the use of individual services conditional upon a registration. The user can register free of charge on junisa.de at any time to take full advantage of the services offered by junisa.de.
(2) There is no right to registration. Junisa.de reserves the right to reject individual registrations without giving any reason.
(3) For the registration, the user must provide a minimum of information: name, citizenship, e-mail address, date of birth and a freely chosen username. The user gives an assurance that all personal data provided on registration are correct.
(3) After submission of the minimum information, the user receives a registration e-mail with a password sent by junisa.de. The generated password by junisa.de only allows a one-time registration. During the first login, the user must, therefore, choose an own password.
(4) The user is bound to keep the access data and the password secret and protect them from unauthorized use by third parties.
(5) If the user finds out or suspects that his/her access data was misused, he/she is required to notify junisa.de accordingly without delay. The user is liable for the consequences of any third-party use, insofar as he is responsible for the access data being misused. The user is especially responsible for the misuse of the access data if he/she negligently facilitated the use of these data. The user's liability only lapses once he/she has informed junisa.de about the access data getting lost, and has altered the password if necessary.
(6) Junisa.de is authorized to block temporarily or permanently the access data of the user without giving any reasons in the event of a breach of these Conditions of Use, especially in the case of:
- incorrect information during registration and/or
- unauthorized disclosure of access data
A re-registration in such cases is only possible with the explicit approval of junisa.de.
6. Rules of Conduct and Exclusion from Use
(1) The user is solely responsible for any data or content he/she publishes and shares under his/her access data on junisa.de.
(2) The user has to ensure that he/she complies with relevant laws and regulations. In particular, he/she is not allowed to publish illegal content on the platform which relates to matters open to criminal charges (e.g. with offensive, defamatory, racist, pornographic character or harmful to juveniles) and / or violate the copyright, trademark, personal or other rights of third parties or contain violations of the Act on the Advertising of Medical Products or of the Competition Law, and can lead to claims made against junisa.de due to anti-competitive behavior or violation of industrial or other property rights. Furthermore, contents are prohibited that violate the right to protection of privacy and intimacy, or in any other way the general right of privacy of third parties.
(3) Submitted photos may only show the user himself or objects. Photos in which a third party is shown may only be published if he/she is either unidentifiable or has given explicit approval for the use of the picture in which he/she is portrayed. In the event of dispute, the user has to prove that consent of the third party exists.
(4) Content may only be distributed for private purposes. Any type of advertising, spam mails or spam text messages as well as naming of value-added service numbers or value-added text message numbers are prohibited.
(5) The application of automatic or manual methods for reading, storing, forwarding or editing data on junisa.de is forbidden. E-mails or messages may not be intercepted and / or profiles of other users may not be hacked.
(6) It is prohibited to infect the junisa.de platform with malware such as viruses, Trojans or appropriate scripts.
7. Responsibility for contents
(1) Junisa.de provides the user with general information on disease-related issues, diagnoses, treatment methods, clinics and their treatment priorities as well as useful information for the preparation of hospital stays (e.g. required documents, immigration laws, tips regarding arrival, etc.).
(2) In addition, junisa.de allows that hospitals present their services, users exchange information with each other or publish reviews or reports with their experiences.
(3) Junisa.de is not responsible for the content published by the clinics or users. Junisa.de expressly disclaims any responsibility for the content of third parties, especially for any content on homepages of third parties, which are accessible via links on junisa.de.
(4) Junisa.de will not check in detail the content of third parties as long and as far as there are no complaints concerning specific content.
8. Medical information
Junisa.de provides general information on health topics, treatments methods and clinics as well as reports of experiences, reviews and opinions of users originating from third parties. These contents do not represent recommendations or opinions of junisa.de. Neither the services provided by junisa.de nor the content of clinics or users replace a diagnosis and professional treatment by a physician or another qualified healthcare practitioner. The selection and implementation of certain treatment methods as well as the start or discontinuation of a treatment may be determined solely by a doctor or by one of the aforementioned people. Junisa itself offers neither medical services nor medical advice.
9. Content rights
(1) Junisa.de contains texts, information, photos, videos and other content that are protected by copyright and other legal provisions, and may also originate from third parties. By using junisa.de the user acknowledges that the content of the platform and services offered by junisa.de may be protected by copyright, trademark, patent and / or other property rights.
(2) The use of junisa.de and especially the download of content (such as brochures, quality reports, etc.) may only be carried out for non-commercial, private purposes. Any other reproduction, distribution, public disclosure, or other use is prohibited without the express consent by Junisa and possibly by the third party as the author.
(3) Junisa.de allows the registered user to provide a non-public inquiry and to forward parts or the complete medical findings of him/her for purposes of initiating a contract. These and other data obtained from the users will be treated with maximum confidentiality. However, junisa.de points out that an unauthorized access and corruption of information by third parties cannot be excluded due to insecure data transfer via the internet.
(4) Junisa.de reserves the right to share these data in their real or anonymized form for the purposes of obtaining information for cost estimates, treatment and therapy plans and the organization of all services offered by junisa.de or third parties. Junisa.de needs the rights to the texts written or uploaded by the user, personal data, pictures, videos, graphics, etc. (hereinafter collectively referred to as "Content") in order to provide the service. For this purpose, the user grants the following rights:
By posting content on the platform or sending data via the request form, the user grants junisa.de the simple, temporally and spatially unlimited, transferable rights to use the contents – if necessary even in non-anonym form – to the extent necessary to provide the performance of the contractual services. This comprises, in particular, the right to reproduce the contents, make the contents publicly available, transmit, edit and otherwise reproduce the contents publicly.
(1) Use of the services is solely at the own risk of the user. The user is solely responsible for any damage that he/she suffers in connection with the use of junisa.de, especially for damages to his/her computer system or any data loss, which was caused by the use of the offered services.
(2) With the exception of maliciously concealed defects and / or errors, junisa.de assumes no liability for offered services, in particular not for an interruption-free and error-free availability or a secure data transfer.
(3) Junisa.de offers no guarantee of any kind for the correctness, completeness or currency of contents that are posted and published by users, clinics or partner companies.
(4) In addition, junisa.de does not accept any warranty claims for services provided by third service providers that can be accessed via the platform and / or purchased.
(5) The user guarantees that he/she is entitled to publish his/her contents, and that he/she especially does not violate any third party rights or mandatory legislations. The customer is obliged and ensures to respect the rules of conduct laid down in article 6 para. 1 to 6 and that he/she does not upload or publish any content on the platform that violates this code of conduct.
11. Liability and indemnity
(1) The liability of junisa.de is limited to damages that were caused intentionally or were the result of serious negligence by junisa.de, their legal representatives or performing agents. This does not apply to damages to life, limb or health, or a guarantee that has been given.
(2) The limitation of liability shall not apply in cases of violation of a cardinal obligation, i.e. an essential contractual obligation, which is imperative for the proper fulfilment of the contract and on whose fulfilment the user shall be able to rely. Should junisa.de not have acted in a willful or grossly negligent manner while violating the cardinal obligation, the liability is limited to typical damages that were reasonably foreseeable at the time of entering into the agreement.
(3) Junisa.de assumes no responsibility for the accuracy and completeness of the published contents, especially not for content posted by third parties, in particular, users, clinics or partner companies, and not for any content on websites of third parties which is accessible through links on junisa.de.
(4) A liability of junisa.de for the accessibility, the form of presentation and the quality of access is excluded.
12. Data protection
Junisa.de places the highest value on the protection and security of personal data of the users, and is well aware of its responsibilities for the sensitive data. It respects the relevant provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Details on the handling of personal data can be found in the Data Privacy Statement.
14. Transferability of Services
(1) Junisa.de reserves the right to transfer the offered services, in whole or in part, to an affiliated company related to junisa.de or to an independent third-party company – for example in the event of a company sale. In this case, the company takes over the services and enters the rights and obligations of junisa.de to the corresponding extent.
(2) Junisa.de informs the user with a minimum period of one month on the proposed acquisition by specifying the acquiring company. In this case, the user has the right to terminate the relationship of use extraordinarily with a period of one month after receipt of the notification. Should the deadline expire without the customer making the appropriate declaration, the use relationship will continue with the acquiring companies. Junisa.de points out separately the period of notice and consequences of non-compliance in the notification concerning the acquisition.
15. Advertising, Newsletter
(1) The service by junisa.de that is, in principle, free for the user requires considerable expenses. Therefore, junisa.de reserves the right to offer the user advertising of third parties, e.g. in the form of banners.
(2) Apart from the basic services, junisa.de also reserves the right to send the user, at irregular intervals, newsletter and news with advertising content about new services offered by junisa.de and its partner companies. This newsletter will be sent only after prior consent of the user and can be canceled at any time by sending an e-mail to firstname.lastname@example.org or by using the appropriate options in the settings of user profile. Junisa.de points out this option separately in every newsletter.
16. Final Provisions
(1) The General Terms and Conditions are subject to the law of the Federal Republic of Germany, to the extent that mandatory consumer protection laws do not contradict this provision.
(2) Munich is agreed as the place of jurisdiction, provided that the
- user has no general jurisdiction within the country,
- user moved his/her domicile or habitual residence abroad after registering on junisa.de
- domicile or habitual residence of the user is unknown at the time of filing action, or
- user is a merchant, legal entity of public law or of special fund under public law