Terms of Use
Welcome to allbuds.eu, a platform operated by allbuds.eu (“We,” “Us,” or “allbuds.eu”) that offers information and services related to the medical use of cannabis for consumers and business users (to the extent permitted by law). These Terms of Use (“Terms”) govern your access to and use of the allbuds.eu platform (“Platform”) and the services we offer on the Platform (“Platform Services”). By accessing our Platform or using the Platform Services, you agree to these Terms.
Liability
8.1 Subject to Section 8.2, the liability of allbuds.eu and its legal representatives, agents, and employees (collectively “allbuds.eu Personnel”) for damages in connection with the plat
Scope
These terms and conditions apply to the use of the platform and platform services by consumers, such as patients seeking information about medical cannabis, provider directories, or telemedicine services, or individuals using the platform or platform services for their own non-commercial and private purposes (“Consumers”), as well as by business users, such as licensed physicians (“Physicians”), licensed pharmacies (“Pharmacies”), brands, manufacturers, CBD retailers and distributors, or other companies in the cannabis industry (collectively, “Industry Partners”). In the following, the term “Business User” refers to Physicians, Pharmacies, and Industry Partners, and the term “User” refers to Consumers and Business Users.
These conditions do not apply:
For services offered by business users to consumers on the basis of separate agreements with consumers, such as medical consultation services based on separate treatment contracts between doctors and consumers, or pharmacy services provided on the basis of separate contracts between pharmacies and consumers.
To the user’s internet connection, maintaining the network connection, and procuring and providing the hardware and software necessary for accessing and using the platform and its services. The user is responsible for providing their own internet access and all necessary technical equipment, and for bearing all associated costs.
Platform Services
2.1 We provide the following platform services (within the limits of what is legally permissible):
Provision of educational and informational resources about medical cannabis;
Provision of supplier directories for doctors, pharmacies, and industry partners; and
Operation of a platform for consumers, doctors, and pharmacies that allows doctors and pharmacies to list, offer, and provide their services and products (including telemedicine consultations and the dispensing and delivery of medicines), to the extent permitted by law, and that allows consumers to select, book, and obtain such services; this includes:
(a) Enabling doctors to offer telemedicine consultations, establish appointment availability, and schedule and conduct treatment appointments via the platform;
(b) Providing a role-based infrastructure for communication and information exchange between consumers, doctors, and pharmacies;
(c) Enabling users to store and, if necessary, access diagnostic and treatment-related information in their account;
(d) Enabling the search for and selection of doctors and pharmacies, as well as the booking and management of telemedicine consultations and treatment appointments; and
(e) Enabling consumers to select pharmacies for the dispensing of prescriptions and, where available and permitted by law, transmitting prescriptions to the pharmacy selected by the consumer in compliance with applicable technical and legal standards.
2.2 The platform services described in Section 2.1 and/or additional services for Business Users may be offered by us on the basis of separate agreements between us and individual Business Users (“Service-Specific Agreements”). Such Service-Specific Agreements may contain additional terms and conditions that Business Users must comply with and that may supplement these Terms and Conditions. In the event of a conflict between the provisions of these Terms and Conditions and those of such a Service-Specific Agreement, the latter shall prevail with respect to the services covered by that Service-Specific Agreement. These Terms and Conditions shall continue to apply to all services not covered by a Service-Specific Agreement and, if a Service-Specific Agreement exists, to the extent that they do not conflict with it. Special fees may apply to services provided under Service-Specific Agreements, as specified in the respective agreements.
2.3 Subject to these terms and conditions, any applicable service-specific agreements, and applicable law, Business Users may use the platform and platform services to list, promote, or—where the relevant functionality is available—offer and provide their respective products, treatments, or services (e.g., telemedicine consultations and the dispensing and delivery of medicines) (“Business User Services”) to consumers. Certain fees may apply to the use of Business User Services, and consumers may need to enter into separate agreements with the Business Users (e.g., treatment contracts with physicians or contracts with pharmacies) to access or use the Business User Services. In this case, the Business User Services will be governed by the agreement between the consumers and the respective Business Users, which will specify the fees for the Business User Services. These agreements are solely between the consumers and the respective Business Users; we are not, and will not become, a party to any agreement or treatment relationship between consumers and Business Users regarding the Business User Services.
2.4 We do not make recommendations for specific business users or business user services listed on the platform. We also do not assign patients or prescriptions to doctors or pharmacies, nor do we steer patients or otherwise influence their choices in a manner that would constitute an improper assignment or referral. The choice of pharmacy and doctor rests solely with the consumer.
2.5 We are not a healthcare provider, a pharmacy, or a retailer, and we do not provide medical services or offer medical advice. Physicians bear sole responsibility for all medical decisions and for fulfilling their professional duties. Pharmacies remain solely responsible for validating, dispensing, and handling prescriptions and for fulfilling their professional duties.
2.6 Insofar as payments are initiated via the platform, the payment processing is not carried out by us, but by external payment service providers commissioned by us.
2.7 A fee (“platform fee”) applies to certain platform services for consumers. The platform fee covers the technical processing and transmission of a consumer’s treatment request to their chosen physician. It is charged with each treatment request; the applicable amount is the one displayed during the ordering process after deduction of any applied discounts or vouchers. The account, the patient portal, and all other platform functions are free of charge. The contract for the paid platform service is concluded when the consumer submits the treatment request during the ordering process; the platform service is fully rendered upon transmission of the treatment request to the selected physician. Details regarding cancellation and refunds are provided below under “Right of Withdrawal for Consumers” and at https://www.allbuds.eu/widerrufsrecht.
Account Registration and Management; Account Blocking
3.1 In principle, users can access and use the platform and certain platform services without having to create a user account (“Account”), with the exceptions mentioned below.
3.2 Consumers need an account to use the platform for services and products offered and provided by doctors or pharmacies (e.g., telemedicine treatments or prescription redemption), as well as for some platform features, such as posting comments or reviews.
3.3 Business users need an account to offer and provide business user services.
3.4 Creating an account is free. By creating an account, the user enters into a contract with us based on these terms and conditions (“User Agreement”). For business users, the User Agreement may be supplemented or replaced by the provisions of service-specific agreements.
3.5 After registration, consumers receive confirmation of the user agreement, including these terms and conditions in the version valid at the time of conclusion, on a durable medium (e.g., via email). We do not store a copy of the user agreement. Users are responsible for retaining a copy of the user agreement, and it is recommended that they keep a copy of these terms and conditions in the version valid at the time of conclusion of the user agreement. Users can access the current version of these terms and conditions at any time on the platform.
3.6 When creating an account, users must provide complete, accurate, and up-to-date information. Users must provide an email address and keep all information in their account current.
3.7 Input errors can be corrected at any time before registration is complete.
3.8 Users are obliged to keep their account login details confidential and may not pass them on to third parties.
3.9 Business users may be required to provide additional verification information when creating an account, including, where applicable, licenses and certificates, business registrations, insurance certificates, tax IDs, or compliance certificates that are reasonably required by applicable law or our policies. We may refuse to activate, temporarily suspend, or remove business user accounts, listings, or the provision of business user services until verification is complete, or if verification fails or reveals non-compliance. We may re-verify at reasonable intervals and whenever we receive indications of changes or risks (including licensing expiration, relocation, changes in ownership/control, sanctions, or disciplinary action). Further details regarding verification processes may be found in service-specific agreements or business user policies.
Permissible Use of the Platform and Platform Services; User Obligations
4.1 Use of the platform and platform services is permitted only in accordance with these terms and applicable law.
4.2 Users are not permitted to use the platform or the platform services:
For purposes other than those provided for in these terms and conditions, in particular for harassment, unsolicited contact, conducting, advertising, or promoting network marketing activities (e.g., multi-level marketing) or for carrying out or promoting acts of unfair competition (e.g., pyramid schemes);
For the unauthorized publication of personal data of third parties or other information about third parties;
To impersonate us, our employees, other users, or other natural or legal persons;
To spread religious, ideological, or political content or false, misleading, or fraudulent information, as well as links to such content;
Distributing content that violates the rights of third parties – in particular personal rights, copyright, data protection rights, or rights protected under criminal law – or is otherwise unlawful, as well as distributing links to such content or using legally protected content without authorization;
For the dissemination of calls for violence, criminal, or other behavior that is likely to disturb public order and safety, in particular the offering or dissemination of defamatory, insulting, libelous, discriminatory, inhumane, racist, unconstitutional, sexist, violence-glorifying, or pornographic content, as well as the dissemination of links to such content;
To exploit, harm, or attempt to exploit or harm minors in any way;
To provide or pass on access data to third parties for authentication and identification purposes, to circumvent access control systems or other measures for unauthorized use of the platform services;
To distribute malware, viruses, or other content that is harmful to the security of IT systems, as well as links to sources that offer malware, viruses, or similar content;
To provide false or incomplete information that is necessary for the provision or receipt of platform services or business user services.
4.3 For business users, the following applies in addition to Section 4.2:
Pharmacies must comply with all applicable laws and regulations, in particular the Pharmacy Act (ApoG), the Medicines Act (AMG), the Medicinal Cannabis Act (MedCanG), the Drug Price Ordinance (AMPreisV), and the Act on Advertising of Therapeutic Products (HWG). Pharmacies are solely responsible for ensuring that all content they publish, all products they provide information about, and all services they offer via the platform comply with all applicable laws and regulations. As described in more detail in Section 2.4, allbuds.eu merely acts as a technical channel for the transmission of prescriptions and does not assign prescriptions in accordance with Section 11 of the Pharmacy Act (ApoG).
Physicians must ensure compliance with medical professional standards and adhere to all applicable laws and regulations, in particular, but not exclusively, the German Medical Cannabis Act (MedCanG), the German Act on Advertising of Therapeutic Products (HWG), and the professional rules and codes of conduct applicable in the jurisdiction where they practice. For physicians based in Germany, this includes the Model Professional Code of Conduct for Physicians Practicing in Germany (MBO-Ä) in the version applicable to them by the respective state medical associations, and the Fee Schedule for Physicians (GOÄ). Physicians bear sole responsibility for all medical decisions and for fulfilling their professional obligations.
Industry partners must ensure compliance with all applicable laws and regulations, in particular, but not exclusively, applicable cannabis laws, advertising restrictions, and consumer protection laws applicable in their jurisdiction.
4.4 In the event of a violation of the above-mentioned requirements, we reserve the right to suspend accounts in accordance with Section 7 of these Terms and Conditions.
Rights and Content
5.1 The platform and its content, including text, graphics, logos, images, and software (“Content”), are protected by copyright. Users are granted a non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Content in accordance with these Terms. Users are expressly prohibited from renting, leasing, otherwise transferring, or otherwise making available to third parties their account and/or the Content. Except as provided in these Terms for the contractually agreed use, users are not authorized to reproduce, alter, modify, adapt, translate, edit, arrange, transform, distribute, or communicate or make publicly available the Content. Statutory rights under Sections 69d and 69e of the German Copyright Act (UrhG) remain unaffected.
5.2 Excluded from the grant of rights under Section 5.1 are those components of the platform and content that are recognizably subject to third-party rights, in particular open-source licenses (“Third-Party Content”). Content that allbuds.eu identifies as Third-Party Content within the platform is considered recognizable as such. Such Third-Party Content is subject to the terms and conditions of the respective third parties.
5.3 For all data and information that the user transmits to allbuds.eu in connection with the use of the platform or platform services (“User Content”), the user grants allbuds.eu a non-exclusive, geographically and temporally unlimited right to use the User Content to the extent necessary to fulfill these terms and to provide the platform or platform services to the user. allbuds.eu is entitled to grant sublicenses to its agents or service providers to the extent necessary to fulfill these terms. Otherwise, allbuds.eu’s rights of use to the User Content are not transferable. allbuds.eu may store User Content beyond the term of these terms to the extent that this is technically or legally necessary. In particular, allbuds.eu is entitled to create backup copies of the User Content and to temporarily or permanently store such User Content as is necessary for accounting, documentation, and billing purposes.
5.4 The content provided on this platform is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Users must consult qualified medical professionals before making any medical decisions. This platform and its services are not an emergency service. In medical emergencies, please contact emergency services immediately (112).
5.5 We reserve the right to review and, if necessary, remove or restrict user content and other content on the platform if we have reasonable grounds to believe that it violates these terms, applicable law, or the rights of third parties, or if we are required to do so by law, court order, or government directive. Actions taken pursuant to this Section 5.5 do not affect our rights under Section 7.
Duration and Termination
6.1 The user agreement is concluded for an indefinite period.
6.2 The agreement can be terminated by either party in writing (e.g., via email). Users can terminate the agreement at any time. In addition to written termination, users can also terminate the agreement by deleting or deactivating their account. Cessation of account use does not constitute termination of the agreement. allbuds.eu may terminate the agreement with 14 days’ notice.
6.3 The right of allbuds.eu and the user to terminate the user agreement without notice for good cause remains unaffected. Good cause for allbuds.eu exists in particular if:
(i) The user repeatedly and seriously violates Sections 4 and 5 of these terms and conditions;
(ii) The user breaches their obligations regarding the account as set out in Section 3; or
(iii) In other cases where, taking into account all circumstances of the individual case and the interests of both the user and allbuds.eu, the continuation of the contractual relationship until the end of the regular notice period is unreasonable for allbuds.eu.
In the event of termination for good cause, the account will be permanently blocked. There is no right to reinstatement of the blocked account. A warning must be issued before termination without notice for good cause, unless issuing such a warning would be unreasonable for the terminating party.
6.4 Upon termination of the account, the user’s right to use the account expires with immediate effect, and allbuds.eu is entitled to delete all data associated with the account, unless allbuds.eu is legally obligated to store this data.
6.5 Any provisions in the service-specific agreements that deviate from the provisions in Sections 6.1 to 6.4 shall remain unaffected and shall take precedence over the above provisions in case of any conflict.
Account Suspension
7.1 We may, at our sole discretion, temporarily suspend an account and/or suspend, block, or delete user content if we have reasonable grounds to suspect that a user or user content is materially violating the Terms of Service, legal provisions, or the rights of third parties.
7.2 Furthermore, we may temporarily suspend the account if:
(i) Suspension is necessary for technical or security reasons; or
(ii) We are required to suspend it by law, court order, or government directive. Section 7.2 (ii) also applies to the suspension, blocking, or deletion of user content.
7.3 We will announce any account suspension, including the reasons for it, at least one business day before it takes effect, at least in written form, and give the user the opportunity to comment on the suspension, provided that the announcement and/or waiting for the user’s comment is reasonable, taking into account the interests of both parties, and compatible with the purpose of the suspension. We will lift the account suspension when the reason for the suspension no longer exists.
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