General terms and conditions

for the use of the platform Gesund Sozial.digital – the health and social compass for the district of Lörrach.

§1 Preamble and scope

The GesundSozial.digital platform is a digital information offer of the Lörrach district. It is aimed at citizens, providers of social and health services and professionals in the Lörrach district. The aim is to make available the existing medical, nursing and social services centrally, transparent and barrier-free. The use of the platform is free and voluntary. The following general terms and conditions apply to all user groups.

§2 Access and use

The platform can in principle be used without registration. Providers must register to publish profiles and offers. A browser and an Internet connection are required for the use of the platform.

§3 Services shown on the platform

3.1.3. The platform serves only to display information on the offers of the providers and the providers themselves. The county is only the operator of the platform with regard to the offers and information presented on the platform. An individual agreement between the county and suppliers or requesters on the use of the offers presented on the platform is not concluded.

3.2 The platform is spatially limited to offers offered by actors and actors in the county or, across the board, also available for persons living in the county of Lörrach.

3.3. The county reserves the right to unlock or reject the presentation of offers on the platform according to these Terms of Use and to disable offers that do not comply with these Terms of Use. The same applies to veneering, moral or illegal contents, in particular those which contradict the law on medicine advertising or the respective professions. There is no entitlement to the setting of information on offers of the providers.

§4 Data protection and content

4.1. The platform is operated in compliance with the applicable data protection regulations. For details, please refer to the privacy policy. 4.2 Content published by providers is in their content responsibility. The district of Lörrach does not guarantee the accuracy, completeness or topicality of the provider information.

§5 Accessibility

The offer is designed with the aim of being as barrier-free as possible. Providers are encouraged to identify their offers in terms of accessibility. An extended barrier-free concept is under construction.

§6 Copyright and rights of use

The content of the platform is subject to copyright. Use or reproduction shall be subject to prior consent by Lörrach County or the respective rightholders. Providers are responsible for the content they set and must ensure that no rights of third parties are violated.

§7 Availability of the platform

A specific availability of the services and functionalities of the platform provided free of charge is not due.

§8 Liability

8. Additional regulations, liability and warranty

8.1 The county is liable for damages from the culpable injury of life, body or health.

8.2 The county shall be liable for any other damage only if the damage is based on intention or gross negligence of its legal representatives, employees or vicarious agents. In addition, the county will only be liable for slight negligence if essential contractual obligations ("cardinal obligations") are violated. Cardinal duties are such duties, the fulfilment of which may only allow the proper execution of a contract and on whose fulfillment the provider may therefore regularly trust. In the event of non-intentional damages, the liability for damages under this paragraph shall in any case be limited to the predictable damage typically occurring in such contracts.

8.3 The county shall not be liable for the data and information uploaded and set on the platform by providers or other third parties, either with regard to their completeness, accuracy or topicality, or for the fact that they are free of third-party rights or that the provider or third-party act lawfully by uploading or adjusting data to the platform.

8.4 Compulsory regulations such as the Product Liability Act remain unaffected by the limitations of liability of the preceding paragraphs.

§9 No participation in dispute settlement proceedings

The EU Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.

We do not take part in a dispute settlement procedure before a consumer arbitration office and are not obliged to do so.

§10 Changes in the Terms and Conditions

Lörrach County reserves the right to change these Terms and Conditions as required. Changes shall be notified on the platform at least four weeks before the change comes into force. Further use after the amendments have entered into force shall be deemed to be consent.

§11 Final provisions

11.1 This contract is subject to the law of the Federal Republic of Germany, excluding its collision standards and excluding the UN Sales Law. Jurisdiction is Lörrach.

11.2 Contract language is German.

11.3 If one or more of the aforementioned clauses are ineffective or should become over time, the remaining clauses remain unaffected.

11.4 The user may assign rights and obligations from the framework contract only with the prior express consent of the district.

11.5 The user can only charge against claims of the district with undisputed or legally determined claims.

Additional Terms of Use for Suppliers on GesundSozial.digital

These terms of use govern the use of the digital health and social compensation for the Lörrach County (GesundSozial.digital) by registered providers.

§1 Scope

The platform is aimed at suppliers from the Lörrach County and – if the offer is not covered in the county – also from adjacent regions or with non-location offers. It serves to provide public information on health and social services.

§2 The subject of the contract and scope of these terms and conditions; Amendments

2.1 Contract partner of the county with regard to the use of the platform is the provider specified during registration. Insofar as the person performing the registration ("anmelder", "user") is not the provider itself, it assures that it is authorized to represent the provider accordingly.

2.2 Through the platform, providers can provide the demanding information on services and products. The platform serves for information, not the conclusion of contracts. The platform allows the providers to specify contact information, but not direct communication with the demanders.

§3 Approval criteria for suppliers

The following admission criteria shall apply to the inclusion of service providers:

3.1 Regional relevance and approval of providers outside the county

In principle, the offer of the platform is aimed at providers with a seat or immediate field of activity in the district of Lörrach. Exemptions are possible if:

3.1.1 Providers from adjacent counties provide services which are not present in the district of Lörrach or not in sufficient form;

3.1.2 offer local support services that are open to all citizens in the Lörrach district (e.g. telephone crisis advice, online self-help groups or digital health applications).

The decision to accept such providers is made by the platform operator on the basis of the relevance, quality and accessibility of the offer for the people in the Lörrach district.

§3.2 Reliable providers

The rights of use are both institutions and freelance and private-sector providers of the following categories.

a. Welfare associations, churches and non-profit organisations

• welfare associations and their member organisations

• Registered non-profit associations, foundations and gGmbHs

• Non-profit consultancy

• Churches

b. Medical providers and medical professionals (legal and private)

• Medical practices, clinics and rehabilitation clinics

• Dentist practices and orthodontic practices

• Care providers and care services (ambulant/substationary/stationary)

• Midwives, family health care and nurses for palliative and hospice care

• Approved psychological and medical psychotherapists and child and youth psychotherapists according to Psychotherapeutengesetz (PsychThG)

• Social workers, social workers and medical teachers with a recognised degree in accordance with social profession law

c. Consulting services

• Advice centres with recognition by public bodies (e.g. health insurance, municipalities)

• Nutritional advice according to the checklist of the consumer center or entry according to the GKV cure provider list

• Lawyers/Notaries focusing on health and social issues

d. Therapeutic services

• Providers of physiotherapy, occupational therapy, speech therapy and podology (according to the GKV cure provider list)

e. Health and exercise offers

• Prevention provider with certification from the Central Test Centre for Prevention

• Fitness, rehabilitation and movement centers with health focus

f. Education, work & qualification

• Educational institutions, schools, universities, public institutions

• Employment promotion providers: job center, employment agencies, career guidance

g. Aid and blue light organisations

• German Red Cross, Johanniter, Malteser, ASB, THW, Fire Brigade and Police and others

h. Psychosocial support & crisis support

• Self-help groups (with entry to the Contact and Information Centre for Self-help (KISS) of the Lörrach State Council Office)

• Crisis services, emergency numbers, social psychiatric services, women's houses

• Trauerbegleitung with professional connection to Hospize, churches, certified specialist associations (e.g. BVT or DHPV) or certification by the German Society for Palliative Medicine

• Search counselling centres and rehabilitation providers

i. Family, children and seniors

• Family centers, multigeneration houses

• Care & discharge: Babysitting (with certificate of participation in a babysitter course at the German Red Cross, the workers' welfare or another institution), senior management, day parents (with care permit according to § 43 SGB VIII)

• Children's daycare facilities and training supplements (such as hort and holiday care)

• Leisure and club offers (such as sports and music associations, youth groups and pathfinders)

• Food supply services (food on wheels)

• Mobile body care (home visits): e.g. hairdressers, foot care

• Neighbourhood assistance offers

• Computer assistance for senior citizens

• Budgetary assistance

j. Participation & inclusion

• Disability providers (workshops, housing, assistance services)

• Inclusion services

• Migration, integration and interpreting services

• Accessible leisure and movement offers

• Accessible transport services (e.g. wheelchair taxi, transport aids (e.g. stair management) for wheelchair users)

k. Digital health solutions

• DiGA (certified according to BfArM directory)

• Telemedical offers, in accordance with the framework agreement of KBV or telemedicine video service provider taking into account the GDPR

l. Official bodies

• Local authorities (e.g. Health Office, Social Services, Disabled Persons)

• Cities and municipalities

m. Pharmacies, sanitation houses and auxiliary providers

• Public pharmacies with branch in the district of Lörrach

• Medical homes and service providers according to GKV directory

n. Pest fighters and mold expert

§3.3 Examination notes

The information provided by the providers is checked in a random manner during the registration and updating of the profile. Upon request, appropriate evidence (e.g. certificates, permits, recognitions) shall be submitted.

The platform operator reserves the right not to unlock or deactivate profiles with reasonable doubts about the professional suitability or utility.

There is no entitlement to publication.

§4 Changes in the Terms and Conditions

4.1. The county reserves the right to change these additional terms of use to the extent reasonable for the provider. The latest version of the AGB applies. Changes shall be notified on the platform at least four weeks before the change comes into force. Further use after the amendments have entered into force shall be deemed to be consent.

4.2 The services and functionalities provided free of charge by the county are not contractually due and can be changed or terminated at any time and without prior notice. The county is therefore also entitled to change the platform at any time or to provide different functionalities, unless the change or deviation is unreasonable for it, taking into account the interests of the county and the providers.

§5 Start and runtime of the (frame) use contract

5.1 With the completion of the registration process, the provider and the county conclude a (frame) use contract ("framework contract") about the use of the platform by the provider. This allows the provider to use the functionality of the platform.

5.2.2. The framework contract is concluded for an indefinite period and can be terminated at any time by termination in text form (e.g. e-mail, letter, fax) or electronically at a place intended for this purpose in the user area.

5.3 The provider shall receive a confirmation of the access of a notice issued by him and the date of the respective contract in text form. The deletion of the provider account on the platform or also the user platform is considered to be a termination of the framework agreement.

5.4 The right of the parties to terminate the framework contract without notice shall remain unaffected by the provisions of the preceding paragraphs.

§6 Services shown on the platform

6.1 The platform serves only to display information on the offers of the providers and the providers themselves. The county is only the operator of the platform with regard to the offers and information presented on the platform. An individual agreement between the county and suppliers or requesters on the use of the offers presented on the platform is not concluded.

6.2 The county reserves the right to unlock or reject the presentation of offers on the platform according to these Terms of Use and to disable offers that do not comply with these Terms of Use. The same applies to veneering, moral or illegal contents, in particular those which contradict the law on medicine advertising or the respective professions. There is no entitlement to the setting of information on offers of the providers.

§7 Rights and obligations of providers

7.1 The district provides the provider with the platform for use via the Internet. For the duration of this contract, the provider receives, free of charge, the non-exclusive and non-transferable right to access the platform by means of a browser or a mobile app and an Internet connection and to use it for the intended purposes. To this extent, program codes (e.g. JavaScript, code of the bidder cockpit) can be temporarily stored on the user's terminal (e.g. in the memory or browser cache) and executed there. The granted usage rights do not include rights to the source code. At the end of the contract term, the provider can no longer access its content, its messages, and data generated by the platform. It is the responsibility of the provider to export data before the end of the contract term and to store them for further use. At the end of the contract, the county is entitled to delete the data stored by the provider on the platform, including set content. However, the district may retain data for its own purposes and for compliance with statutory retention obligations for longer in accordance with applicable data protection law.

7.2 The provider is forbidden to misuse the services and functionalities of the platform. Suppliers are in particular obliged to:

7.2.1 to correct and complete all the information required under registration and to keep up to date, in particular - but not exclusively - not to make false information on identity;

7.2.2 to use the services and functionalities of the platform exclusively in accordance with applicable national and international laws and other regulations, in particular to infringe third-party rights, such as personal rights, copyrights, trademarks, names and other commercial intellectual property rights of third parties;

7.2.3 do not discontinue or link any information with non-right or moral content, in particular - but not exclusively - information with (1) racist, (2) violence and/or war glorifying or harmless, (3) sexually offensive or pornographic, (4) children or adolescents imposing morally or impairing content in their well-being;

7.2.4 to review all files (e.g. logos and other images) uploading them to the platform before using a current test program for viruses, worms, trojan horses and similar components that impair the integrity of files and/or computer hardware and software and only upload files that are free of such components.

7.3 The appearance of threats, insults and hatred by providers is not permitted. It is strictly forbidden to threaten physical violence or any kind of harassment. Hassschürende, obscene, insulting, ordinary, racist, sexual, diffamatory, violent or discriminatory formulations, including for reasons of race, ethnicity, skin colour, religion, disability, national origin, gender and gender identity or sexual orientation, may not be used.

7.4 Providers are obliged to present and offer their services in accordance with the applicable law and to refrain from offering legal services and content.

7.5 If the provider ceases to provide information and information for third parties on the platform, the county shall be entitled to request the provider to prove the authorization to act for those third parties at any time, and the provider shall be obliged to comply with such a request immediately. If the user does not respond to such a request without delay, the county shall be entitled to block the provider access completely or partially until the corresponding proof is provided; the possibility of termination in accordance with paragraphs 5.2 and 5.4. above remains unaffected.

§7 Organisational profiles; deletion, blocking, restriction of access

7.1 On the platform, organisations have the opportunity to provide further information on their organization in addition to the profile details in the account. These include, for example, the address, textual description of the organization, indication of treatment service and opening hours, upload of a logo and a hero graphics, or the linking of social media profiles and videos. This information is displayed in connection with the profile and health and social services of any visitor to the website.

7.2 The county is entitled to block or limit a provider account (currently) if there are indications that someone has accessed a provider account unauthorisedly or that the provider has violated its obligations under these terms and conditions. In the event of slight violations, a warning may also be issued, while in the event of serious violations, a definitive blocking of the provider may also take place. When selecting a measure, the county shall take into account the legitimate interests of the users concerned, in particular whether there are indications that the provider has not indebted the infringement. A definitive blocking is usually effected in particular when the provider

• incorrect contact details have been specified;

• transfer the account or grant access to third parties;

• has suffered considerable damage to other suppliers, beneficiaries or the county;

• has repeatedly violated these terms of use and the principles contained therein.

After the provider has been permanently blocked, there is no claim to recover the blocked account.

7.3 In the event of a temporary restriction or blocking of a provider account, the county sends an e-mail to the provider with an explanation of the steps the provider can take to reinstate the account. It may be sufficient to await the expiry of a temporary blocking period or to submit further information, depending on the reason for which the account has been blocked.

7.4 Non-used provider profiles can be disabled after 12 months of inactivity after prior notice.

§8 Adjust copyrighted or otherwise protected content by the providers; Exemption of claims of third parties

8.1 Insofar as the provider uploads and/or adjusts images, photos, logos, company identifiers, brands, etc. to the platform copyrighted or otherwise protected content, in particular - but not exclusively - it explains at the same time that it is entitled to do so. At the same time, the provider grants the county the free, revocable, timely and spatially unlimited right to use such protected content on the platform as part of the services and functionalities for which the provider has uploaded/set it.

8.2 The provider indemnifies the district from all claims of third parties in connection with the use of the content uploaded and/or posted by the provider as well as services offered by providers, insofar as the district has used this content on the platform within the framework of the services and functionalities for which the provider has uploaded/posted it. This includes the reimbursement of the reasonable costs of a defence against such claims of third parties; Supplier will support the county in the defense to an appropriate extent.