These Terms & Conditions (hereafter "T&Cs") are valid for all legal and regulatory matters involving consumers and businesses / proprietors (hereafter called "customers") for as long as the contracting parties do not explicitly and in writing agree on something different. Other T&Cs and purchase conditions on apply in cases when they are agreed to by Mag. Elissaveta Zaharieva (hereafter Mag. Zaharieva) in writing.
An absence of an objection or actions to fulfill contractual obligations by Mag. Zaharieva should in no way be construed as acceptance. Diverging business conditions should not apply even in cases where written documents of one or both contract parties refer to such. Stipulations that fall outside of the scope of the T&Cs can become part of agreements only when they are confirmed in writing. Mag. Zaharieva reserves the right to unilaterally change these T&Cs at any time. In any given point in time, the most recent valid version of T&Cs is in effect.
A consumer is someone who does not deal with legal matters in a professional capacity. A business proprietor is someone who may deal with legal matters as part of operating his or her business (§ 1 KSchG).
These T&Cs regulate the conditions for the use of the communication platform DentalAce – www.acemydental.com (hereafter called DentalAce), operated by Mag. Zaharieva. Acceptance of these T&Cs is a necessary step that is required prior to the use of the online services of DentalAce.
These T&Cs apply to all users of the online services provided by DentalAce – not registered users, registered users, and subscribers.
The term „Users“ encompasses all visitors of DentalAce including those who merely use the search function of the portal and those who register with DentalAce via our online form for free. The latter group of users receive a user name and password to allow them to access the full suite of online services that DentalAce has to offer.
„Subscribers“ are dentists who have purchased a subscription plan that allows them to access all online functions on the DentalAce platform.
2. DentalAce Services
For not registered users:
Online dentist search via the dentist database on the DentalAce platform.
For registered users:
Online dentist search via the dentist database on the DentalAce platform.
Online appointment booking
Free requests including information about required treatments and maximum budget in order to be invited by dentists (subscribers)
For subscribers:
Optimize your patient demand and review patient demand statistics at any time
Respond to patient treatment requests by inviting them to your practice
Fill appointment gaps quickly and easily
24/7 appointment calendar in „real time“ and profile inside the DentalAce portal
Online appointment booking
Ability to confirm or cancel appointment bookings at any time
3. Registration and Liability
A registration on the DentalAce platform requires new users to state their name, phone number, and a valid e-mail address. This minimizes the chances of false, misleading, and purposefully malicious creation of fake user accounts.
Only the users and subscribers of the platform are responsible for the correctness of all of the information that they post on the platform. DentalAce does not assume liability for any damages that may occur as a result of incorrect information.
When a user misses an appointment with a dentist, DentalAce does not assume responsibility for any damages that may have been caused as a result. In such a case, DentalAce is entitled to relay all saved data about that user to a dentist.
Agreements that are made with a subscriber (dentist) via the DentalAce communication platform constitute contracts solely between the two involved parties and DentalAce does not assume any responsibility for the correctness and legality of these agreements, since we are not able to vet them.
Mag. Zaharieva is liable for damages to proprietors that can be classified as expected and typical, yet liability is limited to the exact value of the service ordered by said proprietors. Liability vis-a-vis proprietors for lost gains and other resulting damages as well as for damages due to claims by third parties does not exist.
No explicit or implicit guarantees, conditions, or promises regarding whether the delivered quality is satisfactory or their appropriateness for a particular use are permissible. The customer has to hold Mag. Zaharieva harmless for all damages that result from carelessness and non-compliance with contractual duties on the part of a customer. Except for cases involving death or personal, physical damages, Mag. Zaharieva is not liable for more benign cases of carelessness.
Except for in cases involving deliberate violations of contractual duties, Mag. Zaharieva is not liable for any resulting and indirect damages. The customer has to prove any insufficient deliveries of services to support any compensation claims.
Should the above-mentioned terms deviate from those allowed under any prevailing consumer laws, the terms stipulated in consumer laws prevail.
4. Signing of a Contract
Every order constitutes a legally binding offer. A contract is only formed after the acceptance of Ms. Zaharieva, which happens in writing. A contract is formed online via e-mail through an order for services by the customer and and acceptance by Mag. Zaharieva in accordance with the following contractual stipulations.
These conditions are mandatory and binding for all current and future contracts with customers, even if they are not explicitly mentioned. By placing an order, a customer confirms that he or she and the recipient of the service is above 18 years of age.
No contractual relationship is formed and Mag. Zaharieva is not liable to the customer for as long as she does not explicitly accept the offer online via e-mail.
Mag. Zaharieva is not obligated to accept an order and any offers created by her are subject of explicit confirmation. Thus, an order placed by a customer is binding only in cases when it has been accepted via e-mail.
Indications about the services offered by Mag. Zaharieva are not binding. None of these indications guarantee, agree to, or promise particular characteristics, quality, or appointments unless those are included explicitly in writing from Mag. Zaharieva.
The customer is liable for the proper execution of his or her contractual duties vis-a-vis Mag. Zaharieva as well as vis-a-vis any contract partners (patient/dentist). Timely fulfillment of duties is not a requirement for staying within contractually defined provisions.
5. Prices
All prices are gross prices. In the case of follow-on orders, prices are not binding. Purchase prices must be paid via PayPal, credit card, or direct deposit ahead of time.
Mag. Zaharieva is entitled to interest of 4% from consumers and proprietors in accordance with § 456 UGB, which can be applied to all mandatory payments after their due date and through the actual payment date.
The customer is liable to Mag. Zaharieva for any and all resulting legal and collection costs that arise from activities engaged in to collect any late and overdue payments.
6. Withdrawal and return rights
A consumer in the sense of consumer protection laws who have placed orders with DentalAce via its website http://www.acemydental.com, retain the right to, within 14 days, and in accordance with §§ 11 FAGG, step away from their order. The deadline starts with the assumption of services by the customer or by a third party named by him or her. Saturdays, Sundays and governmental holidays are counted in the calculation of the deadline time period. For the exercise of return rights, consumers can, besides to these T&Cs, refer to the below-linked disclaimer form.
For the withdrawal deadline to become current, it is enough for a customer to submit the disclaimer form within the 14-day time window.
In the case of a withdrawal, the customer will see any payments that he or she has made returned by Mag. Zaharieva through the same payment channel.
Orders that are received outside of business hours are recognized on the following business day.
Please make sure to fulfill all of the tasks that are listed HEREwithin 10 work days (2 work weeks) to make sure that your profile is complete so you can reap the maximum benefit from your DentalAce subscription.
To make this as simple and easy as possible for you, we will send you written reminders and are also always happy to support you with building up your profile. Please note that we reserve the right to deactivate your profile after inaction on your part following 3 reminders (in written form or via phone) to implement the profile requirements listed HERE. Please understand that these measures were carefully put together on our part to ensure that our platform provides both you as well as your patients with as much value as possible.
Also, we would like to let you know that we gladly offer new members a free trial period of 3 months (and, after September 1, 2020, of 2 months) and that the test period starts on the day of profile registration. Also, the same profile completion requirements as mentioned and linked to above apply during this test period. Please keep in mind that our free test period is no longer valid if you de-activate your profile, even if only temporarily, and then re-activate it prior to the 3 or 2 test months passing. Therefore, we encourage you to complete your profile right away once you join so you can make full use of our free test period.
After the end of your test phase and upon selection of a monthly plan, your profile will automatically transition to a billing cycle that starts on the first day of every month. Please make sure to make your monthly payments by that date to keep your profile current. Payments can be made via PayPal or, starting in January 2021 or sooner, via bank transfers or credit cards through our portal. If you opt for an annual plan, please plan to make your annual payment within the first week after the start date of your plan (on the first day of the starting month).
Thank you for your understanding and we look forward to a very successful collaboration!
8. Data Protection
Through a registration on DentalAce, you are consenting to some of your personal data being collected (e.g., Name, address, e-mail address). Mag. Zaharieva may save and use the data of customers (as defined in the data protection law 2000), which includes its use for relevant financial transactions. The customer consents to the transmission of advertising materials via e-mail and SMS.
Additionally, there is a possibility to visit the DentalAce website at any time and to review and use the information contained in our dentist database without providing personal information.
Personal data that are shared as part of a registration with DentalAce are used exclusively for the communication with subscribers in our subscriber database. However, data transmissions over the internet may be compromised. An absolutely perfect protection of personal data from any breaches by third parties is, thus, impossible.
9. General Terms
Should a specific provision in these T&Cs become entirely or partially unenforceable, it will not have an effect on any other provisions in these T&Cs, which will remain in effect. The unenforceable provision will then be replaced by one that is enforceable and that comes close to the unenforceable one in terms of purpose and effect. The same logic applies to any omissions from these T&Cs.
This contract is written in accordance with Austrian law and after exclusion of the UN convention on contracts for the international sale of goods and the rules of conflict of laws.
All legal matters that are related to this contract should be taken up in an appropriate court in the first district of Vienna, Austria.
Mag. Zaharieva is not liable for the noncompliance with this contract if said noncompliance occurs due to circumstances that are outside of her immediate control and as long as affected customers are notified immediately.
Any and all changes and additions to these T&Cs are only valid if done in writing. For as long as none of the provisions in these T&Cs run counter to applicable laws, these T&Cs supersede these laws.
You can view, read, and download or print these T&Cs here. To open PDF-data files, you need the program Adobe Reader or any other program that supports the PDF format.
The place of performance is, unless otherwise stated, the headquarters (main office) of Mag. Zaharieva. For any business dealings with consumers, all governmental and regulatory provisions apply.
10. Guidelines for dentist members
Any active redirecting of patients who have booked appointments via DentalAce KG by any and all of our dentist members to any other online platforms, portals, online listings, and other commercial websites is categorically not permitted. DentalAce KG is always open to discussing upgrades related to functionality and other aspects of our offering with our members but we are not willing to quasi subsidize other online platforms, portals, online listings, or any other commercial websites.
11. Guidelines for our advertising partners
For our valued advertising partners, we are placing online ads in the form on so-called banner ads and will work together on optimizing the characteristics (e.g., pixels, file sizes) of these banners in order to produce the best possible visual appearance for potential new customers.
Ad banners always have to be clearly marked as advertisements (e.g., via inclusion of a logo) and can, for example, consist of the following elements: pictures, text(s), sensitive areas which, when clicked on, link to a website designated by our advertising partners.
At this time, we only place static banner ads on our portal and will let our advertising partners know right away whenever the build-out of new functions allows us to accommodate additional online ad types.
Banner ads on our platform run around the clock without any "down times". Should this change in the future, we will let our advertising partners know right away and present them with a selection of run time frames.
Our contracts regarding banner ad placement are evergreen (i.e., without any duration restrictions) and can be cancelled via written notice by both our advertising partners and by DentalAce after a post-notice time frame of 30 days.
Our advertising partners are 100% responsible for the content and the design of their banner ads as well as for theirti mely delivery to DentalAce for online placement within 15 days after signing our banner ad order contract form.
