BaluMed GmbH (as of June 2023)
General Information
BaluMed GmbH (hereinafter referred to as "BaluMed") is a company with limited liability registered at FN 603773 b at the Regional Court of Innsbruck with its headquarters in AT-6130 Schwaz.
BaluMed operates a business whose purpose is the translation of documents written in medical technical language (findings, etc.) into a simple and understandable language (hereinafter referred to as "Service").
Validity of the General Terms and Conditions
These General Terms and Conditions (hereinafter "GTC") apply to all current and future legal transactions between BaluMed and all natural persons (hereinafter "Customers") who make use of the service, even if they are not expressly referred to.
Persons attributable to BaluMed are not authorized to make declarations that deviate from these GTC or other statements by BaluMed, with the exception of the management. Customer conditions that deviate from these GTC will only become part of the contract if they are separately agreed upon in writing. Oral or conclusive statements by BaluMed require subsequent documentation in text form to be effective.
Registration, Use, Conclusion of Contract, and Payment
To use the service of BaluMed, the customer must register and create a customer account. At the time of registration, the customer must be at least 18 years old.
During registration, the customer's email address and a password must be provided. The verification of the email address is done via a confirmation email to the customer ("Double Opt-In").
After registering on the BaluMed website (https://balumed.com), the customer can upload a medical document; supported formats include PDFs, photos, text, and Word files.
The uploaded documents are automatically anonymized as standard. The customer acknowledges that automatic anonymization does not provide 100% security of anonymization and must therefore immediately check the complete anonymization after uploading and inform BaluMed immediately in the event of incomplete anonymization.
Once the upload is complete, the calculated price in euros for the document and the estimated delivery date for the service are displayed to the customer. By clicking on the "order with obligation to pay" button, the customer accepts the offer made by BaluMed under the conditions previously displayed ("Order") and a contract between the customer and BaluMed is concluded. The customer is then redirected to the website of the online provider "Stripe" for payment processing.
Stripe collects personal data necessary for authentication and authorization to process the payment. Further information on the collection and storage of personal data can be found at https://stripe.com/at/privacy.
The invoice is sent digitally to the customer's verified email address and is also available at any time under "Bookings" in PDF format in the customer account.
The service is provided within 24 hours.
After completion of the order, the translated text is made available for download in the customer account area. The customer can print the translated text as well as download it as a PDF file.
Warranty, Liability, Damages
Legal warranty provisions apply.
The translations as part of the service are intended to facilitate a simpler understanding of the customer's medical documents quickly and uncomplicatedly, which naturally also entails simplifications and/or a loss of medical precision in favor of easier readability. The service is expressly not a guide to self-therapy and not a replacement for medical advice or treatment. BaluMed therefore accepts no liability for the accuracy of the translations or for the suitability of the respective translation for the intended use by the customer.
Liability for damages by BaluMed is subject to the following exclusions and limitations, notwithstanding other legal prerequisites for claims.
BaluMed is not liable for damages caused by slight negligence, except in the case of personal injury.
BaluMed is not liable for consequential damages and lost profits.
BaluMed is liable without limitation if the cause of damage is based on intent or gross negligence.
If BaluMed has reasonable suspicion that the customer is misusing the service, BaluMed is entitled to immediately block the customer account and exclude the customer from further use of the service.
Cancellation/Right of Withdrawal
The customer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day the customer places the order.
To exercise the right of withdrawal, the customer must inform BaluMed GmbH at the following address: BaluMed GmbH Dr. Theodor-Körnerstraße 13 C 6130 Schwaz Email: support@balumed.com using a clear statement (e.g., a letter sent by post or an email) of their decision to withdraw from this contract. The customer may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
If the customer withdraws from the contract, BaluMed must reimburse all payments received from the customer immediately and at the latest within 14 days from the day on which the notification of the withdrawal of this contract was received by BaluMed. BaluMed will use the same means of payment that the customer used for the original transaction unless expressly agreed otherwise; in no event will the customer be charged fees for this repayment.
If the customer requested that the services begin during the withdrawal period, the customer must pay BaluMed a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which the customer informs BaluMed of the exercise of the right of withdrawal regarding this contract compared to the total scope of services provided for in the contract.
Model Withdrawal Form If you wish to withdraw from the contract, please fill out this form and send it back. To: BaluMed GmbH Dr. Theodor-Körnerstraße 13 C 6130 Schwaz Email: support@balumed.com Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods/services: _______________________________________ Ordered on: ______________ Received on: ______________ Name of consumer(s): _______________________________________ Address of consumer(s): ___________________________ ___________________________ ___________________________ Signature of consumer(s) (only if this form is notified on paper) __________________________ Date __________________________ End of the withdrawal instructions
Data Use
The personal data of the customer are processed as described in more detail in the privacy policy. They are used exclusively for providing the service.
The customer acknowledges that BaluMed will use the data from the customer-uploaded documents – in whole or in part – in anonymized form for the ongoing improvement of the service and for any additional products of BaluMed.
Other Provisions
BaluMed is entitled to amend the GTC at any time (right to amend). BaluMed will inform the customer about this. With a new order by the customer after the information has been provided, the change to the GTC becomes effective.
If any provision of the GTC is not legally effective or becomes invalid, this does not affect the validity of the remaining provisions of the GTC.
These GTC are subject to Austrian law, excluding the Austrian conflict of laws rules.