Terms ­of Use

1 General Provisions

Mavie Work GmbH (“Operator“, ”We“, ”Us”) is the operator of the “Mavie Gesundheitsportal” (Mavie health portal) application (“Portal”). The Portal is a web-based application which you can use to view and book services provided by us (primarily health services) and take advantage of other services (e.g. watch videos). Please refer to the Portal itself to find out about our range of services. Your employer has granted you and your family members living in the same household the opportunity to use the Portal.

 

2 Validity of the Terms of Use

The use of the Portal and the services provided by us are subject to these Terms of Use. These Terms of Use solely govern the relationship between you as the user (“User“, ”You“, ”)and Mavie Work GmbH as the operator of the portal. If you do not actively agree to these conditions during the registration process, you will not be able to use the Portal.

 

3 Use of the Portal

3.1 You may only use the Portal if you are legally competent to conclude this contract, are at least 16 years of age and your employer has granted you (and your family members living in the same household) use of the Portal.

3.2 In order to use the Portal, you must register first (see Section 4).

 

4 Registration

4.1 When registering, you must provide the following mandatory information: e-mail address, company code (to assign the company), first name and last name (or a pseudonym of your choice) and password. You may optionally specify your title (gender), the year of your birth and your worker status. We do not disclose your name or details of your use of the Portal to your employer. We treat your use of the Portal as strictly confidential. We only require your name for the purposes of registration and for processing bookings, should you wish to make any. When making bookings, we also need you to provide your telephone number. Once you have confirmed the Terms of Use and privacy statements by ticking the check boxes, your profile will be created in the system.

4.2 You are responsible for ensuring that the information provided during the registration process is correct. Due to the potentially sensitive nature of the data processed in the Portal, you may only register in your own name. You are prohibited from disclosing your password to third parties or allowing them to use the Portal in your name. You are responsible for keeping your password safe and secret.

4.3 We shall not be liable for any losses or damages arising as a result of you providing us with incorrect information or not protecting your account details. If your account details have been misused or if you suspect as such, you must notify us via the following e-mail address: kontakt@maviework.care

 

5 Term of the contract

5.1 The contract governing the use of the Portal shall begin upon registration and end with whichever of the following events occurs first: End of the employer’s contract governing the use of the Portal, termination of your employment relationship with your employer, at whose request you were granted access to the Portal (also applies to family members), prohibition of further use by your employer, and termination by you or us.

5.2 We have the right, including without prior notice, to temporarily suspend access to the Portal, your account and your content if we have reason to suspect that you or a third party using your account details has violated these conditions or applicable law in connection with the use of this Portal, or if technical circumstances or security problems render this necessary. We will notify you if we have reason to suspect that these conditions or applicable law have been violated and give you the opportunity to provide justification or clarification in this regard. If the suspicion cannot be dispelled, we have the right to close your account irrevocably if this is appropriate in view of the seriousness of the violation.

5.3 We are only obliged vis-à-vis your employer to operate the Portal. This obligation does not apply directly to you as a “contract for the benefit of third parties” has not been concluded. We may, therefore, discontinue the operation of the Portal in relation to you or even to terminate your right of use. Both of these options may be exercised at any time without stating reasons. We will, however, give you reasonable notice before taking such steps and give you the opportunity to make suitable arrangements to ensure that you do not suffer any unlawful losses or damages as a result.

 

6 Rights of use

6.1 You are exclusively entitled to the rights to the Portal granted under these Terms of Use.

6.2 You undertake to only use the services in compliance with the contractual and statutory provisions and to refrain from any improper use.

 

7 Service deadlines

7.1 Our service deadlines as specified on the Portal are generally non-binding in relation to you. Any obligation to provide services arises exclusively from a contract concluded between us and your employer.

7.2 We shall not be liable for any delays in providing services if these occur as a result of force majeure or unforeseen events, which make it significantly more difficult or impossible to provide the service, e.g. natural disasters, accidents, war, acts of terror, traffic or operational disruptions, labour disputes, and official orders and measures. We reserve the right to postpone the service for the duration of the hindrance or, if necessary, to withdraw from the contract altogether due to the above-mentioned hindrances.

 

8 Statutory withdrawal policy

8.1 Right to withdrawal

You have the right to withdraw from this contract without stating reasons within fourteen days.
The withdrawal period is fourteen days from the date on which the contract is concluded.
In order to exercise your right to withdrawal, you must notify us [specifying your name, address and, if available, your telephone number, fax number and e-mail address] by providing us with a clear explanation (e.g. a letter sent by post or e-mail) regarding your decision to withdraw from this contract. If you make use of this option, we will immediately (e.g. via e-mail) provide you with confirmation of receipt of such withdrawal.
In order to comply with the withdrawal period, all you need to do is send the communication concerning the exercise of the right to withdrawal before the withdrawal period expires.

8.2 Consequences of withdrawal

If you withdraw from this contract, we will delete your data taking legal requirements into account.

8.3 Sample withdrawal form:

If you would like to withdraw from the contract, please fill in this form and send it to us.

To Mavie Work GmbH Landstraßer Hauptstraße 95/1/4a 1030 Vienna or via e-mail to kontakt@maviework.care

 

I/we (*) hereby withdraw from the contract concerning the provision of the following service, which I/we (*) concluded

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer (only in the case of paper communication)

Date

 

9 Access to the Portal

9.1 Due to the nature of the Internet, we are unable to guarantee the continuous and uninterrupted availability and accessibility of the Portal. We may restrict the availability of the Portal or certain areas or functions of the Portal at any time without notice, particularly in cases where this is necessary in reference to capacity limits, the security or integrity of our server or for carrying out maintenance activities that ensure the proper or improved functioning of the Portal.

9.2 We may improve, further develop and modify the Portal and introduce new services from time to time.
We are entitled, at any time and at our own discretion, to implement new elements as a component of and/or supplement to the Portal and to fundamentally change the way in which our Portal is used. We are also entitled to shut down the Portal entirely and discontinue our service. Before we shut down the Portal and discontinue our service, we will contact you in good time to inform you of such via the e-mail address specified by you and notify you of the point from which the Portal will no longer be available. After this deadline has expired, you will no longer be able to access the Portal or retrieve your content. If you would like to access your data which is stored on the Portal, you must notify us via the following e-mail address: kontakt@maviework.care

 

10 Amendment to conditions

10.1 As a result of changes to our Portal and applicable laws or for any other operational reasons, there will always be a need to amend these conditions. We will notify you of any amended conditions through the Portal. If you do not agree to these conditions, you will not be permitted to continue using the Portal.

 

11 Warranty and liability

11.1 You expressly confirm that you understand and agree to the following provisions:

a) Any software and any digital service may contain errors. However, not every error is also a defect in the legal sense. It is not part of our service to ensure that (i) the Portal is accessible, secure and error-free at all times, or that (ii) immaterial errors in the software or service are rectified. For this reason you cannot make any warranty claims based on this.

b) You acknowledge that the services provided by us are also provided with the involvement of third-party network operators. The availability of the services is therefore dependent upon the technical provision of third-party services, over which we have no influence. We shall not, therefore, be liable to you for any disruption, malfunction or defective transmission in connection with the provision of the free services.

c) We are entitled to interrupt the services for a brief, reasonable amount of time for internal reasons, such as maintenance purposes. You cannot derive any claims from this.

11.2 We are not liable for damage caused by slight negligence. This exclusion of liability does not apply to personal injury, damage to goods which we have taken over for processing or damage in accordance with the PHG.

 

12 Offers from other companies, references and links

The Portal may contain offers and services provided by other companies, as well as links to external websites, the content of which, however, we accept no responsibility or liability. Links to such third-party services shall not constitute a recommendation of these services on our part. We will designate such offers and services accordingly and shall not represent them as our own offers or services.

 

13 Copyright

The elements contained on the Portal, e.g. texts, images, graphics and video files, are subject to copyright protection and protection of intellectual property. These elements may not be reproduced or otherwise reworked or processed without our express written consent.

 

14 Our contact information

Our contact information is as follows:
Mavie Work GmbH
Landstraßer Hauptstraße 95/1/4a
1030 Vienna
Commercial register number 248924s
kontakt@maviework.care

 

15 Information obligations

15.1 There is no extrajudicial complaint or appeal procedure to which we are subject.

15.2 You can access the contract texts at any time on the Portal at https://portal.mavie.care/de/nutzungsbedingungen  We ourselves store the contract texts and will make them available to you via e-mail at your request.

15.3 You can cancel and correct your entries at any time during the registration process.

15.4 The only language available for concluding the contract is German.

 

16 Applicable law, place or jurisdiction

16.1 These conditions and the business relationship between you and us, including any questions concerning the valid conclusion of a contractual relationship and including any disputes are subject to the laws of the Republic of Austria, with the exclusion of private international law and rules relating to conflict of laws. This choice of law shall not deprive you of the protection afforded to you by those provisions which, under the law of the country in which you have your habitual residence, may not be derogated from by agreement (favourability principle).

16.2 If, according to the law applicable at your place of residence, the agreement of a foreign place of jurisdiction for civil proceedings against you is inadmissible, the court responsible for your place of residence shall be responsible for any disputes, in all other cases the court responsible for 1010 Vienna in commercial matters, for consumers resident in Austria the court responsible for their place of residence.

 

17 Alternative dispute resolution

The European Commission provides a portal for online dispute resolution, which is available at https://ec.europa.eu/consumers/odr/ We are not obliged to, nor do we voluntarily take part in dispute resolution procedures before a consumer arbitration board.

 

18 Final provisions

18.1 Should individual provisions of these General Terms and Conditions, including this provision, be or become invalid in whole or in part, the validity of the other regulations shall remain unaffected.

18.2 Changes and additions to the Terms of Use must be made in writing. This shall apply even if there is no written form requirement. Declarations made by e-mail or telefax shall be regarded as the written form; this shall also apply to the clicking of a relevant button.

18.3 If, in these Terms of Use, reference to natural persons is only made in masculine form, such reference shall apply equally to both women and men. When reference is made to specific natural persons, the respective gender-specific form shall be used.

18.4 Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged by us in writing.

 

As at February 2022