General Terms and Conditions for Telephone and Online Counseling
These Terms are set up to ensure the legal security of the parties and a trusting and harmonious cooperation between you as seeking advice pregnant women, the advisory midwife and us as an online platform through which you and the midwife can get in touch with one another. For reasons of simplicity we refer to you as »person seeking advice«, the midwife as »consultant« and us as »Call a Midwife«. With payment of the selected consulting package the person seeking advice agrees to the terms and conditions as to her contractual relation with the consultant and also to the contractual relation with Call a Midwife, as binding. The agency and consultancy services are provided exclusively in accordance with the following terms and conditions. Any deviations of this general terms and conditions require a written confirmation by the person seeking advice, the consultant and Call a Midwife.
Subject and Scope of Services
- Call a Midwife provides an online platform where the person seeking advice can use the services of consultants against payment. The services of a call Midwife are always limited on providing the online platform, support in arrangement of appointments and payment processing. The via Call a Midwife contacted consultants provide their consulting services to the person seeking advice exclusively on their own behalf and at their own risk. Call a Midwife itself does not provide any consulting services.
- On request the consultant offers via Call a Midwife a telephone or online-consultancy against payment. In this consultation, the person seeking advice has the option to choose between a consulting package with one telephone conversation with a duration of 30 minutes and a consulting package with four telephone conversations, each of 30 minutes. The consulting fee for telephone or online-consultancy is determined by the selected consultancy-package and has to be paid in advance. After having effected payment the person seeking advice calls the consultant at a fixed, pre-agreed date or rather contacts the consultant online (for example Skype). A contact on the agreed date by the consultant with the person seeking advice is not provided, the consultant however is entitled, but not obliged, to remind the person seeking advice on the appointment by a short call.
- The consultant ensures the person seeking advice absolute discretion. All information from the consultation will be handled confidentially and are subject to professional secrecy.
- The consultant renders as part of the telephone and online-consultancy services providing information and advice on matters of family planning, the preparation for childbirth and parenthood, including advice on hygiene and nutrition of mother and child, the advice for the care of the newborn and advice to breastfeed until the end of the breastfeeding period. Other services are not provided; in particular neither services can be provided, which assume any knowledge on the health of the person seeking person and / or the child nor services that are reserved for physicians. This applies in particular to medical diagnostic services in terms of somatic or psychosomatic disorders and services such as diagnosis, cure or alleviation of disorders with clinical significance.
- The consulting time of the individual telephone-consultation is 30 minutes. If the consultation ends prematurely at the request of the person seeking advice, the consultation is deemed complete. The remaining time expires, no refund of the fees will be made.
Refusal of Consultation, Consultation of a physician or a health care professional
Should the consultant during the consultation get the impression that the person seeking advice shows psychological disorders or is confused, the consultation can be cancelled with the request to seek for a specialist medical treatment. The same applies if the consultant comes to the impression that the person seeking advice is under the influence of drugs.
If necessary, the consultant, as a midwife, has to arrange for the involvement of a physician or a hospitalization in case of irregularities or suspected irregularities. The consultant has to take into account the desire of the person seeking advice. If the person seeking advice refuses the consultation of a physician or the hospitalization, the consultant has nevertheless to work towards these steps. If the person seeking advice adheres to her refusal, this shall be confirmed in writing.
The appointment for the telephone or online-consultation is agreed by phone or mail. Any appointment is only fixed after payment of the fees.
To move a scheduled appointment, call a Midwife must receive an e-mail 24 hours prior to the agreed date at the latest. The transfer request is only valid if it has been confirmed by Call Midwife or the consultant. Otherwise, the originally agreed date is considered as firmly agreed upon.
Failure to comply with the dates, cancellation fee, refund
If an agreed appointment of the person seeking advice is not kept, the claim for consultation will lapse. The fee for non-compliance has to be paid as a cancellation fee /compensation. Should the consultant not be able to keep an agreed appointment, the person seeking advice will be given an alternate date. Should the person seeking advice does not want the new date, the fee will be paid back in full.
For technical problems, such as a line failure, the person seeking advice has to re-establish the connection. Should this effort fails after 3 attempts, the person seeking advice will receive an email from the consultant with a new appointment.
Should a permanent contact not be possible due to technical reasons that do not lie within the sphere of the consultant, the person seeking advice is obliged to provide the consultant with another telephone number or Internet address for the consultation. There is no right for a refund of the fee for the incomplete and stopped appointment in this case.
Privacy, Documentation and Storage
The special notes and conditions of data protection apply.
The consultant shall document all steps taken when exercising the consultancy, such as statements and offered suggestions and advice for pregnant women, for birthing mothers and for women recently given birth in writing. The documentation has to state all activities and has to be traceable. The documentation must be kept at least ten years in accordance with the professional secrecy and data protection rules.
Exclusion of Liability
To ensure a successful consultation, the consultant has to rely on the accuracy and completeness of the information provided by the person seeking advice.
There is no liability for consulting services based on incorrect, incomplete or misleading information given to the consultant by the person seeking advice. It is the responsibility of the person seeking advice to understand the questions and statements given by the consultant linguistically and factually. If the person seeking advice has doubts about whether she has understood something correctly and completely, she must give notice to the consultant immediately. The consultant is not liable if the consultancy, as a result of force majeure, due to technical problems or due to any other incidents that do not lie within the sphere of the consultant, cannot be established or is interrupted.
The law of the Federal Republic of Germany shall apply to the contractual relationship between the consultant and the person seeking advice, the contractual relationship between the person seeking advice and Call a Midwife and the respective Terms and Conditions.
Venue of all disputes shall be – as far as it is contrary to compulsory law or as far as this jurisdiction agreement is ineffective – Berlin.
Withdrawal (Important, please read carefully)
The person seeking advice may revoke the contract within 14 days without giving reasons in writing (e.g. letter, e-mail). The termination period shall commence upon receipt of this notification; in case of this regulation being void, commence upon receipt of this notification in writing; but not before the contract is concluded and also not before fulfillment of our obligations according to Article 246 a § 2 in conjunction with § 1 Abs. 1 and 2 EGBGB and our duties according to § 312 g, Abs. 1 S. 1 BGB in conjunction with Art. 246 a § 3 EBGB.
Compliance with the revocation deadline only requires that the declaration of revocation is sent by this deadline. Revocation shall be sent to:
call a midwife GmbH
Wriezener Straße 17
Consequences of Withdrawal
In case of an effective withdrawal of the contract the mutually received benefits are to be returned and further benefits (eg. as interest) are to be surrendered. Should the person seeking advice not be able to release the rendered services and uses either completely or partially or only in a declined condition, the person seeking advice is obliged to provide compensation. This may result in the person seeking advice having to fulfill all contractual payment obligations for the remaining contractual period until revocation. The termination period for the person seeking advice shall commence with the sending out of the declaration of revocation, and for Call a Midwife from the receipt thereof.
The right of cancellation expires prematurely, if the contract is completely fulfilled by both parties at explicit request of the person seeking advice before having exercised the right of withdrawal.
If any provision of this contract shall be entirely or partly invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions of this contract. An invalid or unenforceable provision shall be regarded as replaced by such a valid and enforceable provision that as closely as possible reflects the economic purpose that the parties hereto had pursued with the invalid or unenforceable provision.
The same shall apply for any regulatory gaps in the provisions of these Terms and Conditions.