Mittelweg 50 Berlin GmbH merely facilitates getting in contact to counsellors, either online or at in person, and provides related services, such as messaging and scheduling. Mittelweg 50 Berlin GmbH does not act as counsellor itself or supervise the counsellors using the platform.
The following TOU shall apply to the use of the platform by the clients and counsellors. The TOU shall apply also if the platform is accessed from outside Germany.
Whereas the visit to and use of the platform as well as registration will be free of charge for the clients. The counselling services itself shall be chargeable by an agreement between the client and the counsellor. Prior to a possible chargeable service, Clients shall be advised of this fact as well as the amount or rate of charges.
Whereas the registration and use of the platform will be charged for the counsellors. Prior to the chargeable service, counsellors will be advised of this fact as well as the amount or rate of charges.
These TOU shall apply exclusively. Differing or contrary terms of clients and counsellors shall not apply except if expressly agreed upon in writing by Mittelweg 50 Berlin GmbH.
The services offered by the platform include:
Mittelweg 50 Berlin GmbH will not offer counselling itself. Neither will it represent the clients or the counsellors with regard to counselling or any other activity. Rather, the counselling relationship including all contractual obligations associated with it will occur solely between the clients and the counsellors. As a consequence, only the respective counsellor, not Mittelweg 50 Berlin GmbH, shall be responsible for the proper conduct of the counselling and all related duties. Correspondingly, only the respective client, not Mittelweg 50 Berlin GmbH, shall be responsible for his communicative input and liable for due payment of the fees agreed with the counsellor.
Mittelweg 50 Berlin GmbH reserves the right to terminate contractual relations pursuant to this TOU and to deny clients and/or the counsellor access to the platform without giving further reasons.
The use of the platform for communicative purposes requires online registration. Registration shall be free of charge for clients. Users of the platform must be at least 18 years of age and contractually capable.
All data requested by Mittelweg 50 Berlin GmbH has to be submitted accurately and completely.
Upon registration, clients and counsellors shall choose a member’s name (potentially their natural name) as well as a qualifying password to access their account. They shall keep their password confidential, secure their access to the platform and notify Mittelweg 50 Berlin GmbH immediately of any suspected unauthorized access.
Counsellors have to provide Mittelweg 50 Berlin GmbH during the registration process with copies of their ID and evidence of qualification and/or education. Mittelweg 50 Berlin GmbH reserves the right to check this information or to request further proof. No one shall have multiple accounts.
The clients and counsellors shall refrain from any misuse of the platform. In particular, they shall not:
Once clients have decided in favor of a particular counsellor on the platform, they can contact the counsellor via the platform and request counselling online or local. The counsellor will answer the request by sending to the respective client one or several suggestions for a date and time of a Counselling session. Neither the clients’ request nor the counsellor’s response shall represent a binding contract or contract offer.
After clients have confirmed a suggested appointment and have entered their electronic payment information on the platform, clients submit a binding contract offer to the counsellor by pressing the corresponding button at the end of the booking process. The counsellor accepts this offer by agreeing in advance to an automatic acceptance email being generated by the platform on his behalf.
Each automatic acceptance email will have attached to it instructions on the clients’ right of withdrawal and the conditions and consequences of its exercise. Mittelweg 50 Berlin GmbH cannot accept any liability for the counsellor’s performance of his related obligations, in particular repayment of the fee as applicable under statutory law.
Therapists have the option to link their Google Calendar via OAuth. This helps potential clients to see the therapists availability based their broad working hours, internal events (appointments with other clients) and external appointments (Google Calendar Events).
origin.berlin is only storing the start end end time of external events. We do not store personal information, such as event summary and participants of the individual events. Appointments form the past will be automatically removed from our databases.
Potential Clients won't see the individual external events.
Fees for counselling shall be set individually by each counsellor. The counsellors may modify this fee over time at their own discretion.
The counsellor shall state his personal fee per reference time in his profile. The amount shall be stated in Euro. Only the fee stated in this way will be chargeable by the counsellor.
Payment shall be authorized by client prior to each session occurring by entering client’s electronic payment information. All payments by Clients will be processed by an external payment service company registered and monitored as a payment institution under the European Payment Service Directive (2007/64/EC).
Mittelweg 50 Berlin GmbH offers a communicative forum without guaranteeing any type of success, gain, relief or similar effect to the client.
Mittelweg 50 Berlin GmbH will aim to make the platforms services available in the best possible quality.
Any liability shall be excluded in the event of failure of communication networks, gateways, force majeure or other events outside the control and responsibility of Mittelweg 50 Berlin GmbH. Likewise, any liability shall be excluded in case of unlawful or unallowed access by third parties to the platform or the counselling process by means of hacking or similar means.
Mittelweg 50 Berlin GmbH will be liable for damages for other than the above-mentioned reasons only in case of intent or gross negligence by its managers, officers, employees or agents and only in the proportion such behavior has caused the damage in relation to other causes. This limitation does not apply in case of a violation of cardinal duties, i.e. duties the fulfillment of which the clients may justly expect. No loss of profits shall be recoverable. The restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Mittelweg 50 Berlin GmbH, its legal representatives or assistants in performance.
Mittelweg 50 Berlin GmbH is the sole owner of all intellectual property, in particular the copyright, trademarks and database, incorporated in the platform. Mittelweg 50 Berlin GmbH does not grant any license or sub-license of such intellectual property to the clients or the counsellors and shall retain all ownership or rights to it. As a consequence, the clients or the counsellors shall not make use of the intellectual property in any way outside the functions of the Platform, in particular (but without limitation) by using or adapting the intellectual property for their own commercial or professional gain.
Mittelweg 50 Berlin GmbH and the clients or the counsellors may each terminate their registration upon 30 days written notice.
The right to an extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular (but without limitation) in case of breach of the clients or the counsellors obligations following this TOU.
Each termination shall be in text form (e.g. by letter, telefax or email).
A client may cancel a session with no charge with a 24-hour advance notice in text form. Any cancellation within 24 hours of a scheduled session will result in the full charge of that session.
The client agrees that the rights under this agreement are non-assignable. Likewise the counsellor agrees not to permit any third party to use the platform in the counsellor’s name.
Mittelweg 50 Berlin GmbH reserves the right to amend this TOU at any time if this is necessary to accommodate developments not foreseeable at the time of registration, provided this does not substantially alter the contractual relation. Amendments shall also be allowed to accommodate case law impacting on this TOU. The description of Mittelweg 50 Berlin GmbH services may be amended, provided the amendment does not entail substantial changes.
Mittelweg 50 Berlin GmbH will notify clients and counsellors of the amendments at least two weeks before the change comes into force in text form. The change is deemed accepted by client and counsellors if they do not object within six weeks after receipt of the notice. Mittelweg 50 Berlin GmbH will point out the right to object, the period and legal consequences, particularly regarding the failure to object to the changes.
This TOU shall be governed exclusively by the law of the Federal Republic of Germany.
Any disputes under or in connection with this agreement (including those regarding its validity) shall be – as far as validly determinable – exclusively settled in the courts at the headquarter of Mittelweg 50 Berlin GmbH (Mittelweg 50, 12053 Berlin, Germany) responsible.
Should individual provisions of the TOU be invalid or unenforceable, all other provisions of the TOU shall remain unaffected. The contract language is English.