Status: May 2023
1.1 These Terms of Use (“Terms of Use“) apply to the use of the website with the domain probatix.de and all subdomains (“myProbatix Portal“) by persons who register on the myProbatix Portal (“Users“) and govern the conditions under which Venture Leap GmbH, registered in the commercial register of the Charlottenburg Local Court under HRB 05737 B, Bismarckstr. 10-12, 10625 Berlin, represented by the managing director Dr. Daniel Werner (“Probatix“), currently and in the future provides services to users via the myProbatix portal. The Terms of Use become part of the contract concluded between Probatix and the User for the use of the myProbatix Portal (“User Contract“).
1.2 The Terms of Use also apply to all blood, urine, stool and other examinations of human body materials (collectively “Examinations” and individually “Examination“) that service providers cooperating with Probatix (e.g. medical practices, medical care centers, pharmacies, laboratories, collectively and individually “Cooperation Partners“) perform on Users and that are booked and/or processed via the myProbatix portal. The terms of use become part of the contract concluded between the respective cooperation partner and the user for the performance of the examination (“examination contract“).
1. 3 The Terms of Use shall apply in the version valid at the time of conclusion of the contract of use and the examination contract.
1. 4 Any deviating, supplementary or conflicting terms and conditions of the user shall not apply and shall not become part of the user contract or an inspection contract. This also applies if the user refers to Probatix’s and/or a cooperation partner’s terms and conditions and Probatix and/or a cooperation partner does not expressly object to the user’s terms and conditions.
1.5 Other offers of Probatix and the cooperation partners are not subject to these Terms of Use. The same applies to the services offered by Probatix for the cooperation partners.
2.1 The user is only authorized to use the myProbatix portal and take advantage of an examination if he or she agrees to the terms of use. By setting up a user account on the myProbatix portal and each time an examination is commissioned from a cooperation partner, the user declares his/her agreement with the terms of use. If a user does not agree with the terms of use, he/she is prohibited from setting up a user account on the myProbatix portal and from commissioning an examination.
2.2 Only users who have reached the age of 18 are entitled to use the myProbatix portal and take advantage of an examination. The use of the myProbatix portal and/or the use of examinations by underage users is also excluded if the legal representative has consented to the conclusion of the user contract and/or an examination contract or if consent is not required by law. Misrepresentation of age constitutes an important reason that entitles Probatix to extraordinary termination of the user contract without notice.
3.1 The user is only authorized to use the myProbatix portal and take advantage of an examination if he or she agrees to the terms of use. By setting up a user account on the myProbatix portal and each time an examination is commissioned from a cooperation partner, the user declares his/her agreement with the terms of use. If a user does not agree with the terms of use, he/she is prohibited from setting up a user account on the myProbatix portal and from commissioning an examination.
3.2 Only users who have reached the age of 18 are entitled to use the myProbatix portal and take advantage of an examination. The use of the myProbatix portal and/or the use of examinations by underage users is also excluded if the legal representative has consented to the conclusion of the user contract and/or an examination contract or if consent is not required by law. Misrepresentation of age constitutes an important reason that entitles Probatix to extraordinary termination of the user contract without notice.
3.3 Probatix makes every effort to ensure the availability of the myProbatix portal. However, Probatix is not obliged to guarantee the constant and uninterrupted availability of the myProbatix portal. In particular, necessary security and maintenance work or technical faults may lead to temporary unavailability of the myProbatix portal without the user being able to make any claims against Probatix and/or a cooperation partner. The user is responsible for Internet access and the condition of the hardware and software required to access the myProbatix portal.
3.4 Probatix is entitled to further develop the design of the myProbatix portal, including the functionalities and content, or to discontinue the myProbatix portal.
4.1 The cooperation partners carry out the investigation. The tests are examinations of the user’s body material (“sample“) for certain values. If individual values to be determined can be selected when the test is commissioned, the choice is made by the user within the scope of the range of tests offered by the cooperation partner. However, the user has no right to demand that a cooperation partner offers a specific examination.
4.2 The cooperation partner selected by the user collects the sample from the user (e.g. venous blood, capillary blood) or, if the sample is collected by the user himself (e.g. capillary blood, stool, urine, hair), receives the sample from the user (“sample collection“). Samples are taken on the premises of the cooperation partner or at another location. If the value determination does not have to be carried out by laboratory diagnosis (see section 4.3), the cooperation partner evaluates the sample and makes the test result available to the user via the myProbatix portal. The user has no right to demand that the sample be taken by a specific employee of the cooperation partner. It is the responsibility of the user to inform the cooperation partner of any relevant pre-existing illnesses, allergies or medications taken when the sample is taken.
4.3 If a laboratory diagnostic examination of the sample is required to determine the value, the laboratory diagnostics are carried out by a laboratory medical cooperation partner (“laboratory“). This analyzes and evaluates the sample and makes the laboratory findings available to the user via the myProbatix portal. The laboratory is selected by Probatix. The user has no claim to laboratory diagnostics being carried out by a specific laboratory, regardless of whether the laboratory is a cooperation partner or not. If the user insists that the sample be analyzed and evaluated by a laboratory of his choice, the testing contract ends without the need for termination.
4.4 The examination is carried out at the request of the user. The user acknowledges that the examination cannot replace medical advice and treatment and that a doctor should be consulted in the event of specific complaints.
5.1 The use of the myProbatix Portal and the utilization of an examination require that the User registers on the myProbatix Portal and that Probatix sets up a user account for the User on the myProbatix Portal (“Registration“). This also applies to examinations that the user spontaneously requests from the cooperation partner on site without booking an appointment for sample collection (“sample collection appointment“) via the myProbatix portal (“walk-in examinations“).
5.2 The registration process is as follows:
5.2.1 The user (i.) enters his/her first and last name, date of birth, gender, contact details (address, telephone number), a valid e-mail address to which the user has access and a password in an input mask on the myProbatix portal, (ii.) confirms that he/she agrees to the terms of use and has taken note of the data protection information, and (iii.) clicks on the “Register” button. This causes a registration request to be sent to Probatix.
5.2.2 Upon receipt of the registration request, Probatix will send the User an e-mail with a confirmation link to the e-mail address provided by the User.
5.2.3 If the user clicks on the confirmation link, Probatix activates the user account.
5.3 With the activation of the user account, the user contract between Probatix and the user is concluded. This completes the setup of the user account.
5.4 In the case of walk-in examinations, the user authorizes the cooperation partner to represent him/her vis-à-vis Probatix during registration.
5.5 Probatix is neither obliged to generate a confirmation link nor to activate the user account and may refuse registration without giving reasons.
5.6 When registering, the user is obliged to provide complete and correct information. In particular, he is obliged not to feign a false identity with which Probatix or a cooperation partner is deceived and not to provide the identity of another person. Probatix is entitled to verify the identity of the User itself or to have it verified by a specialized third-party provider, in particular to request the User to send a copy of his/her identity card or other identification document.
5.7 In the event of a change in the User’s data, the User undertakes to immediately update the data provided during registration by changing the data in his user account or by sending Probatix an e-mail with the changed data.
5.8 The booking of an examination offered via the myProbatix portal proceeds as follows:
5.8.1 The user (i.) selects a cooperation partner, the values to be determined and the sample collection date in his user account, (ii.) confirms that he agrees to the terms of use, consents to the processing of his data, wishes to receive the examination as a self-payer service, authorizes Probatix to conclude the examination contract with the laboratory depending on the type of examination, and (iii.) clicks on the “Book with obligation to pay” button. This causes an appointment booking request to be sent to Probatix. Probatix forwards the appointment booking request to the cooperation partner.
5.8.2 If the sample collection date requested by the User is free, Probatix will confirm the sample collection date for the cooperation partner by e-mail to the e-mail address provided by the User during registration.
5.9 The testing contract between the cooperation partner and the user is concluded with the confirmation of the sampling date.
5.10 In the event that the examination selected by the user requires a laboratory diagnostic examination of the sample, the user authorizes Probatix to represent him in the conclusion of the examination contract with the laboratory; Probatix is entitled to grant sub-authorization. The testing contract between the laboratory and the user is concluded at the latest when the sample is handed over to the laboratory.
5.11 Probatix and the cooperation partner are not obliged to accept the appointment booking request and may refuse to conclude an examination contract without giving reasons.
5.12 The user can only book sampling dates that are shown as “free” in their user account. The user is not entitled to a specific date. Confirmed sampling dates are binding for the user and must be kept by the user. The user can cancel or change a sampling appointment at any time via their user account. If the user does not keep a confirmed sampling appointment without canceling the appointment at least 24 hours in advance via the myProbatix portal, Probatix is entitled to temporarily block the user’s user account or to terminate the user contract with the user extraordinarily without notice. Furthermore, the cooperation partner is entitled to demand a cancellation fee amounting to 50% of the examination fee; this does not apply if the user has not attended the sampling appointment through no fault of his own.
5.13 The cooperation partner is entitled to cancel a sampling date for good cause. An important reason exists in particular if employees of the sampling point are ill or are absent for other unforeseen reasons. In this case, the user will receive a full refund of the examination fee paid when booking the sampling appointment.
5.14 If the user accesses the myProbatix portal via the website of a cooperation partner (subdomain of the cooperation partner), he can register and book the sampling appointment in one step.
5.15 In the case of a walk-in examination, the examination contract between the cooperation partner and the user shall be concluded in deviation from Clause 1. 5.9 comes into effect as soon as the cooperation partner starts taking samples.
5.16 The user can retrieve the terms of use upon conclusion of the contract and save them in a reproducible form. Probatix stores the terms of use and makes them available to the user by e-mail on request.
5.17 The contract of use and examination contracts can only be concluded in German.
6.1 If the user concludes an examination contract with a non-medical cooperation partner (e.g. pharmacy) via the myProbatix portal, the user has a right of withdrawal in accordance with the following provisions.
6.2 The user has the right to revoke an inspection contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the user must inform the cooperation partner, represented by Probatix,
Venture Leap GmbH,
Bismarckstr. 10-12,
10625 Berlin,
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from the examination contract. For this purpose, the user can use the https://probatix.de/wp-content/uploads/2024/03/VerbraucherVertragsRechte_Muster_Widerruf.pdf but this is not mandatory. To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the withdrawal period before the withdrawal period expires.
6.3 If the User revokes the Examination Contract, the Cooperation Partner shall repay all payments received from the User immediately and at the latest within fourteen days from the day on which the Cooperation Partner, represented by Probatix, received the notification of the User’s revocation of the Examination Contract. The same means of payment used by the user for the original payment will be used for this repayment, unless expressly agreed otherwise with the user; in no case will the user be charged any fees for this repayment.
6.4 The right of revocation expires with the complete execution of the investigation by the cooperation partner if the user has (i.) expressly agreed before the start of the investigation that the cooperation partner will begin with the execution of the investigation before the end of the revocation period, (ii.) has transmitted the consent on a durable medium, and (iii.) has confirmed his knowledge that his right of revocation expires with the complete fulfillment of the contract by the cooperation partner.
7.1 The cooperation partners determine the remuneration for the respective examination (“examination remuneration“) independently and on their own responsibility. In deviation from this, the examination fee is based on the scale of fees for doctors (GOÄ) in the version valid at the time the examination contract is concluded if the examination is performed by a medical cooperation partner.
7.2 The examination fee for examinations offered via the myProbatix portal must be paid when booking the examination via the myProbatix portal (advance payment). Probatix is authorized by the cooperation partners to accept payments from users on behalf of the cooperation partners. Payment is only possible via an online payment service and can be made by Paypal, credit card, SEPA direct debit and bank transfer at the user’s discretion. There are no other payment options. Probatix is entitled at any time to offer further payment options on the myProbatix portal or to remove individual payment options.
7.3 In deviation from para. 7.2 the sub-examination fee shall be paid to the cooperation partner upon receipt of an invoice from the cooperation partner if the examination fee is based on the scale of fees for physicians (GOÄ).
7.4 The examination fee for walk-in examinations must be paid to the cooperation partner in cash or by means of another payment option offered by the cooperation partner (e.g. direct debit, credit card, etc.) when the examination is commissioned.
7.5 The examinations are self-pay services. This means that the costs of the examinations are generally not reimbursed by cost bearers (health insurance, subsidies, etc.). The user is free to clarify with their insurance provider whether they will reimburse the costs of the examination. If the cost bearer refuses to assume the costs, this shall not affect the cooperation partners’ claim for remuneration against the user.
8.1 The user is obliged to comply with the terms of use.
8.2 The user is also obliged to create a secure password for his/her user account when registering, not to pass this on to third parties and to keep it protected from access by third parties. He is obliged to inform Probatix immediately if he becomes aware that the password is being used by third parties without authorization. Probatix is entitled to block the user account if there is reasonable suspicion that unauthorized third parties are using the password. Probatix will inform the user of this and assign a new password.
8.3 When using the myProbatix portal, the user is obliged not to infringe the rights of third parties or violate any legal provisions. If the user violates this provision, he is obliged to indemnify Probatix and its cooperation partners against claims for damages and reimbursement of expenses by third parties that are based on the user’s violation of the law. The indemnification obligation also includes the costs of the legal defense of Probatix and/or a cooperation partner.
8.4 The user is obliged not to use the myProbatix portal for commercial purposes. The user is prohibited from jeopardizing or impairing the usability of the myProbatix portal through improper use. In particular, when using the myProbatix portal, the user may not send any data or store any data on a Probatix data carrier which, by its type or nature, size or number, is likely to impair the functioning of Probatix’s computer systems or those of third parties or to infringe the rights of third parties (e.g. viruses, spyware, spam e-mails, etc.).
8.5 The user is obliged to make backup copies of all content contained in his user account, in particular of medical documents, on his own computer system.
9.1 Usage contracts between Probatix and Users as well as research contracts between cooperation partners and Users commence upon their conclusion and run for an indefinite period of time.
9.2 Either party may terminate contracts within the meaning of clause 9.1 in accordance with the following provisions:
9.2.1 Users can terminate user contracts at any time without notice.
9.2.2 Probatix may terminate user contracts with a notice period of two weeks.
9.2.3 Users may terminate research contracts at any time without notice. If a user terminates an examination contract after the sample collection has been carried out, the respective cooperation partner is entitled to demand a part of the remuneration corresponding to its previous services from the user, unless the cooperation partner has given cause for the termination by its behavior contrary to the contract.
9.2.4 Cooperation partners can terminate examination contracts with a notice period of two weeks. Ordinary termination is excluded if sampling has taken place.
9.3 The right to extraordinary termination for good cause remains unaffected. An important reason exists for Probatix in particular if the user violates essential provisions of the terms of use.
9.4 If Probatix is notified of the termination of an investigation contract, Probatix acts in the name and on behalf of the cooperation partner. The rejection of the termination is excluded in accordance with § 174 sentence 2 BGB.
9.5 Any termination must at least be in text form to be effective, whereby the user (i.) can also terminate the user contract by deleting the user account, and (ii.) can also terminate the examination contract by canceling the confirmed appointment in his user account.
9.6 The termination of the User Agreement by the User or Probatix shall result in (i.) the User no longer being able to access his/her User Account and (ii.) all User Data as well as all medical records contained in the User Account being deleted or anonymized, unless Probatix is legally obliged to retain them.
10.1 The contractual and non-contractual liability of Probatix, irrespective of the legal grounds, for itself, its legal representatives and its respective vicarious agents – subject to Section 10.2 – is limited as follows:
10.1.1 In the event of a slightly negligent breach of a material obligation arising from the contract of use (“cardinal obligation“), Probatix’s liability is limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract. Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance a contracting party may regularly rely.
10.1.2 Otherwise, Probatix is only liable for intentional and grossly negligent breaches of duty arising from the contract of use.
10.2 The limitations of liability in clause 10.1 shall not apply in cases of mandatory statutory liability, in particular in the event of the assumption of a guarantee or culpable injury to life, limb or health.
10.3 Probatix shall in no case be liable for any damages based on a contractual and/or non-contractual breach of duty by the cooperation partner, in particular in the event of a treatment error, irrespective of the legal grounds. The activities of the medical cooperation partners are covered by professional liability insurance.
10.4 Probatix does not guarantee the error-free operation of the myProbatix portal.
10.5 Probatix is not liable for data loss if and to the extent that the data loss could have been avoided by reasonable data backup precautions taken by the user.
11.1
For the personal data of users collected, processed and used in the context of the use of the myProbatix portal and the use of the examinations, the information on data protection at
https://probatix.de/rechtliches/my-probatix-datenschutzbestimmungen
12.1 Communication between Probatix and the User as well as between cooperation partners and the User may take place in electronic form (e.g. by e-mail or via a corresponding chat function). If the user does not agree to this, it is not possible to use the myProbatix portal.
13.1 Probatix is entitled to change the Terms of Use in part or in full at any time with effect for the future, provided that users are not unreasonably disadvantaged. This is particularly the case if the changes are without economic disadvantages for the users, e.g. if the terms of use are adapted to changed functionalities of the myProbatix portal. Such changes shall become effective vis-à-vis a User with whom a User Agreement already exists if (i.) Probatix notifies this User of the changes in text form at least four weeks before the time of the change, (ii.) Probatix points out in the notification that the changes shall become effective if the User does not object at least in text form before the specified time of the change, and (iii.) Probatix does not receive an objection from the User at least in text form by the specified time of the change. The changes shall in any case be deemed to have been accepted by the user if he/she continues to use the myProbatix portal after the changes take effect.
13.2 In the event of an objection by a user, Probatix is entitled to terminate the user contract extraordinarily without notice. The user cannot assert any claims against Probatix from this.
14.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The application of mandatory legal provisions of another country of the European Union in which a user has his habitual residence when concluding the contract of use and/or the examination contract remains unaffected by this choice of law.
14.2 Should individual provisions of the Terms of Use, 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 constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
14.3 The currently valid version of the terms of use can be viewed at
https://probatix.de/rechtliches/my-probatix-nutzungsbedingungen
can be downloaded. Older terms of use will be made available to the user by e-mail on request.
15.1 The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link
http://ec.europa.eu/consumers/odr/
to reach it. Probatix and the cooperation partners are not obliged to participate in dispute resolution proceedings and do not participate voluntarily.
