Last updated: 12 June, 2015
Welcome to the website of MedLango and thank you for using our services (“Services”). The Services are provided by MedLango GmbH (hereinafter “MedLango”), Ansbacher Strasse 5, 10787 Berlin, Germany.
By using our Services, you as the user (“User”) are agreeing to these General Terms and Conditions the “Terms”. Please read them carefully. Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with MEDLANGO if you use those Services.
1. Scope of MedLango’s Services
1.1. MedLango provides a platform, which connects clients with interpreters, translators. Client is free to choose and book interpreter and/or translator to support the client in questions of medical treatment, at medical appointment etc. The User can see profiles of service providers (hereinafter “Providers”) on the website. The Providers alone are responsible for the content, accuracy and updating of these profiles. MedLango is not obligated to and does not check the profiles.
1.3. The User is furthermore permitted to contact Providers. MedLango only provides the platform for this purpose. For this purpose, it is necessary to collect, process and use personal data and a special category of personal data in the meaning of the German Federal Data Protection Act (BDSG) which requires the prior consent of the User. The User can select Providers and contact them. MedLango is not involved in contractual relationships between Users and Providers and also in no way influences the conclusion or the content of the contracts. MedLango does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User.
1.5. The use of MedLango’s website and the Services thereon is free-of-charge for the User.
1.6. The User is entitled to set up a user account containing his or her personal data for using the Services. For this account, the Privacy Policies apply. The User may terminate the account at any time. In compliance with the Privacy Policies MedLango will delete or block the personal data and specific personal data of the User as soon as the User has terminated the account. However, for the purpose of being able to trace and document the history of inquiries of the User or Providers in the event of any legal disputes related to Providers contacted by the User via MedLango’s platform, MedLango will keep the first and the last name of the User and his or her email address. MedLango will not use this data for any other than the aforementioned reason, in particular not for any promotional purposes, after the termination of the user account.
2. User’s Obligations
2.1. The User is obligated to protect login data (user name, password) carefully and against unauthorized access by third persons. The User alone is responsible for all activities on or through his or her account. The User shall inform MedLango immediately if he or she has knowledge of an unauthorized use of his or her account or of any other security risk.
2.2. The User shall only provide true and up to date information to MedLango, Providers or other third persons on this website or in connection with Services rendered by MedLango.
2.3. The User shall only rate services of Providers or other third persons that he or she has personally used. The User is prohibited from making any ratings or contributions in a user forum provided by MedLango, if they contain untrue facts, are defamatory or if they are not permitted by law (e.g. because they are of an abusive or disparaging nature).
2.4. In the event of a violation of User’s obligation pursuant to clauses 2.2 and 2.3, MedLango is entitled to delete the respective information and contributions and – while taking into account the relevant User’s legitimate interests – to block the User’s account temporarily or permanently.
2.5. If a claim is made by a third person against MedLango due to a culpable violation of User’s obligation pursuant to clauses 2.2 and 2.3, the User is obligated, upon the first written request, to indemnify MedLango against third parties’ claims as well as against costs which may be incurred by MedLango as a result of an appropriate legal defense (e.g. court and lawyers’ fees). The right to claim further damage compensation remains unaffected.
3. Liability of MedLango for own services
3.1. Other than as expressly set out in these Terms or additional Terms, MedLango does not make any promises or quality declarations about the Services rendered by it and does not grant any guarantees regarding those Services.
3.2. MedLango is liable without limitation in the event of deliberate act or gross negligence. Medlango is likewise liable without limitation in the event of a negligent breach of a duty, insofar as claims arising from injury to life, body or health are at issue.
3.3. In addition, MedLango is only liable in the event of simple negligence if a material contractual duty has been breached. Such a material duty, which endangers the performance of the purpose of a contract, is involved if the orderly execution of the contract is only possible by fulfilling the respective duty and if the User may routinely trust that those duties will be fulfilled. The User’s claim for damages in the event of a breach of material duties on the basis of simple negligence is, however, limited to damages that are foreseeable and typical for this type of contract.
3.4. MedLango’s liability due to a deliberate act to deceive or a granted guarantee remains unaffected.
3.5. Clauses 3.1 to 3.4 shall also apply to MedLango’s legal representatives, employees or any other of MedLango’s agents.
4. No Liability for Services of Third Persons
4.1. MedLango accepts no liability for the correctness, completion and up-to-dateness of any information provided by Providers or any other third parties on MedLango’s website. As a service Provider, MedLango is, according to sec. 7 paragraph 1 of the German Telemedia Act (TMG), only responsible for its own content that is held for use on MedLango’s website. However, in accordance with sec. 7 paragraph 2 TMG, as a service provider in terms of sec. 8 through 10 TMG, MedLango is not obligated to monitor transferred or stored external information or check said information for circumstances that point to unlawful activity. Irrespective of this non-responsibility under the TMG, MedLango’s obligations to remove or block the use of information in accordance with other legal provisions shall remain unaffected.
5. User’s Liability
5.1. The user is obliged to indemnify and compensate MedLango for any damages due to User’s culpable violation of the applicable law or the Terms in connection with the use of Services.
6. Data Protection
6.1. MedLango’s Privacy Policies explain under which circumstances User’s data are collected, processed and used when using MedLango’s Services.
7. Data Protection
7.1. The User may use this website and the information on it only for the User’s non-commercial, personal purposes.
7.2. All content of MedLango’s website is protected by copyright and intellectual property rights. When using the Services, the User is not granted with any licenses of MedLango’s intellectual property rights with respect to Services rendered and information provided by MedLango. Any utilization not permitted by the copyright law requires advance written approval from MedLango. Downloads and copies of content from Medlango’s website are only allowed for private and non-commercial use.
7.3. MedLango is entitled to use the information, inquiries and communications (e.g. to and with Providers) provided by the User or contributions made by the User in forums et cetera for MedLango’s business provided that this use shall comply with the applicable data protection regulations.
8. Validity and Change of the Terms, applicable law, venue
8.1. Only MedLango’s Terms shall apply regarding the use of MedLango’s website and its Services. The User’s general terms and conditions or similar regulations are herewith expressly rejected.
8.2. These Terms remain in force until they have been changed or terminated by MedLango. If the User does not consent with these Terms, he or she has immediately to cease the use of the Services and the User is obligated to terminate his or her user account (see also under § 1.6).
8.3. Medlango may modify these Terms or any additional terms that apply to specific Services rendered by MedLango. MedLango will make available a notice of modifications to the Terms on this website. MedLango will make available a notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective not earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If the User does not agree to the modified terms for a Service, he or she has to discontinue the use of that Service according to clause 8.2.
8.4. If there is any inconsistency between the Terms and the additional terms valid for specific Services rendered by MedLango, the additional Terms will prevail to the extent of the inconsistency.
8.5. The Terms and any additional terms for specific Services rendered by MedLango and any disputes arising out or in connection with the respective terms shall be exclusively governed by German law (without its choice of law provisions). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
8.6. If the User is a consumer, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by MedLango as well as the Services shall be exclusively litigated by the courts of Berlin. If the mandatory statutory law does not allow this choice of venue, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by MedLango as well as the Services shall be litigated by the courts pursuant to the statutory law.
8.7. If the User is not a consumer, all claims arising out of or relating to these Terms and any additional terms for specific Services rendered by MedLango as well as the Services shall be exclusively litigated by the courts of Berlin.
Special indication in case that a customer obtains information from third persons
All subsequent information is not provided by MedLango but by the respective Provider or other third parties or is based on information by the Provider or third parties. MedLango accepts no liability for the accuracy, completeness or up-to-dateness of those information provided by Providers or third persons. This applies equally to the content of websites operated by third persons to which MedLango’s website refers via links.
Please also refer to our General Terms and Conditions for the use of our website.