General Terms and Conditions greenviu GmbH, Ansbach („greenviu“)
§ 1 Membership
(1) The following General Terms and Conditions regulate the legal relationship and all business transactions between greenviu gmbh (“greenviu”) and its members, insofar as they are entrepreneurs within the meaning of § 14 German Civil Code, legal entities under public law or special funds under public law.
(2) greenviu is a member-based company. Only health care providers (in particular freelancers in the medical field such as doctors, dentists, psychotherapists, dental technicians, alternative practitioners, pharmacists, medical practices, hospitals, specialist clinics, rehabilitation centers and care institutions) and companies in the healthcare industry may become members of greenviu. The contractual partner is greenviu GmbH, Oertelweg 1, D-91522 Ansbach.
(3) The membership comes into force when the membership application is accepted by greenviu. greenviu selects its members at its own discretion and is not obliged to accept a membership application.
§ 2 Term, Base-Fee
(1) The term of the membership is one year and is extended by one year at a time, unless it is terminated with a notice period of three months prior to termination. The right to extraordinary termination (exclusion) remains unaffected.
(2) Upon joining and for each year of membership, the applicable annual base-fee is due. Further a one-time setup fee is due upon joining.
§ 3 Benefits
Greenviu’s aim is to enable its members to practice sustainable medicine and dentistry. Upon joining, the member will receive the following benefits:
(1) With a portion of the base-fee which is used for projects selected by greenviu, the member makes an immediate contribution to CO2 reduction.
(2) Information, recommendations and access to ecological products (including through partner companies) enable the member to implement measures to reduce their own ecological balance easily and at short notice in their own facility.
(3) By providing a specially programmed calculator for the ecological footprint of a facility for health professions, the member is able to have their own CO2 consumption (and its equivalents) in the facility calculated by greenviu.
(4) The member is provided with materials and the greenviu certificate, which will enable the member to communicate his greenviu membership to the outside world. The greenviu certificate is made available to the member after the admission process has been completed, is issued for the member year and is renewed annually during the term of membership.
The details are described in the current announcements from greenviu. Further services can be arranged individually.
§ 4 Fees, Payment
(1) The fees and remuneration are strictly net. Any VAT incurred is to be added. The member bears any transaction costs.
(2) The base-fee is due upon joining and at the beginning of each membership year. At the option of the member, the base-fee may also be paid in the form of an amount to be paid monthly at the beginning of each month. The member receives an invoice for the base-fee depending on the chosen method of payment.
(3) In addition, fees and remuneration are due immediately after receipt of the invoice.
§ 5 Obligations of the Member
(1) By joining greenviu, the member declares his intention and willingness, as far as legally and technically possible, to observe the greenviu recommendations for action on sustainable medicine and thus to make a local contribution to reducing resource consumption and waste quantities. This does not constitute any obligation to purchase any products or services.
(2) The implementation of greenviu’s recommendations for action is the member’s own economic and legal responsibility. In particular, the member is aware that he has to check all measures for conformity with the local rules and laws which apply to him before they are carried out. These laws and rules always have priority over the globally pronounced greenviu recommendations for action.
(3) The purchase of products and services from third parties based on the information received from greenviu is at the member’s own responsibility. The member is obliged to check the suitability of products and services for his own facility himself. Greenviu is not a contractual partner and does not guarantee the quality and suitability of such products and services.
(4) By joining, the member undertakes, within the meaning of the UN Sustainable Development Goals, ISO 14001: 2015, ISO 14044: 2006 and ISO 26000 and in addition to the greenviu recommendations for action, to strive for fair and sustainable dealings with his employees and patients operated healing facility. In addition, the highest standards of the respective specialty are to be aimed for in all treatments. The best possible, safest and ethically correct patient care is a top priority for greenviu members!
(5) The member is obliged to correctly and completely provide the information required to join or provide the services of greenviu. Fees and remuneration are payable when they are due.
§ 6 Warranties
(1) The member is aware that the calculations offered by greenviu are model calculations that only approximate reality. The calculation models and instructions for action were created on the basis of the available scientific data. This could change over time or turn out to be wrong. Greenviu assumes no liability for the correctness of the calculation models and calculations. In addition, Greenviu does not guarantee that the certificates and calculations will be recognized by third parties, in particular government agencies.
(2) The calculations offered by greenviu are based on the information and data provided by the member. Greenviu assumes no responsibility for incorrect or incomplete information provided by the member.
§ 7 Use of Logos, Certificates und Company Marks
(1) The member may use the certificates, logos and information materials made available to him by greenviu to inform third parties about his membership and thus to document his efforts for sustainable development of the medical sector. In particular, the member is entitled to use the greenviu certificate to identify their own company during membership. It is a time-limited, non-exclusive and non-transferable or sub-licensable right of use.
(2) Subject to revocation by greenviu, which is at greenviu’s sole discretion and is possible at any time, the member’s own publications which represent a positive impression of sustainable medicine may be marked with the logos, certificates and trademarks of greenviu and these may be used for marketing measures.
3) The logos, certificates and company logos of greenviu may not be used in any negative, suggestive, racist way or in situations which are contrary to greenviu’s purpose.
(4) If it is unclear whether the use is permissible, the publication must be approved by greenviu in advance.
(5) The member’s entitlement to use the certificates, logos and symbols of greenviu ends with the termination of their membership in greenviu.
§ 8 Exclusion or Blocking of a Member
(1) Should a member grossly and permanently violate his membership obligations, the member may be excluded and / or blocked until the breach of duty has been remedied and membership can be continued. A gross and sustained breach of duty is in particular if
(a) if the member violates his obligations from §§ 5 and 7 and does not stop the violation after a warning,
(b) if the member is in arrears with more than two monthly amounts of the base-fee or other payment obligations, or
(c) the member provided incorrect or incomplete information when joining or in connection with services from greenviu.
(2) In the event of exclusion, there will be no reimbursement of fees which have been overpaid.
(3) As soon as the exclusion becomes effective, all greenviu logos, certificates and logos must be removed from the representations of the excluded member immediately and the member must refrain from any use.
(4) In order to avoid misuse of the logos, certificates and company logos by excluded members, greenviu reserves the right and the member already now agrees in the event of their own exclusion or their own ban to make public excluded or blocked former members on a list including the reason for the exclusion.
§ 9 Data Protection
With regard to data protection, the data protection information from greenviu applies. Greenviu also takes appropriate measures to ensure the confidentiality of the data and information provided by the member.
§ 10 Limitation of Liability
(1) greenviu is liable in accordance with the statutory provisions if the member asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its representatives or agents. Furthermore, greenviu is liable for culpable breaches of essential contractual obligations in accordance with the statutory provisions. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. Insofar as greenviu cannot be charged with intent or gross negligence, liability for damages is limited to the foreseeable damage which typically occurs in contracts of this type. Indirect or consequential damage is only eligible for compensation if it is typically to be expected. This does not involve a change in the burden of proof to the detriment of the member. Liability for culpable injury to life, limb or health remains unaffected.
(2) Any further claims for damages, for whatever legal reason, are excluded. This also applies if, instead of claiming compensation for damage, instead of performance, the member demands compensation for wasted expenses.
§ 11 Venue, Applicable Law
(1) The place of jurisdiction for disputes arising from or in connection with this contract is Ansbach. For members based in Germany, this only applies if they are a merchant in the legal sense, a legal entity under public law or a special fund under public law.
(2) This contract shall be governed by and construed exclusively in accordance with German law, excluding conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 12 Severability Clause
Should individual provisions of this contract be ineffective, partially ineffective or unenforceable, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective, partially ineffective or unenforceable provision, the parties agree to set a provision which comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision. Should the parties fail to reach such an agreement, the ineffective, partially ineffective or unenforceable provision shall be replaced at the request of the parties by the statutory provision that comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision.