General Terms and Conditions (GTCs) of SINOVO health solutions GmbH
A. General conditions for the use of our offers
1. General information:
a) We would like to point out that the
information, data and services presented cannot assume any therapeutic function
and can, in no case, replace a visit to your doctor. If you have any health
problems, you should consult your doctor without fail. Only the attending doctor
can make a diagnosis and initiate any treatment that may be necessary.
Please note the following terms for the use
of our offers and our separate Data Protection Guidelines found at
https://mylife-software.net/privacy. By using the information, services and
programs offered on our website, the user agrees to the terms set out here.
The following terms and conditions apply to
the use of the mylife™ Software and all other online offers on this website.
b) The Internet pages of SINOVO health solutions GmbH are subject to regular changes and amendments, which serve to update the
information provided. However, SINOVO health solutions GmbH assumes no liability or
guarantee for the topicality, correctness, completeness and availability of the
information presented. Users can inform themselves about the status of the
information and data under http://mylife-software.net. The information and data
presented here serve the user solely for information purposes and for personal
use. SINOVO health solutions GmbH is liable for direct or indirect financial
losses, including lost profits, from the use of the information offered on
these pages only in the case of intentional or grossly negligent conduct, as
well as in cases of mandatory statutory regulations. With regard to direct or
indirect references to external Internet sites ("links"), which are
outside the area of responsibility of SINOVO health solutions GmbH, SINOVO health solutions GmbH is only liable if we have knowledge of their contents and if we
are technically capable and it is reasonable to prevent the use of illegal
content.
c) SINOVO health solutions GmbH hereby
expressly declares that at the time of linking, no illegal content was
identifiable on the linked pages. The provider has no influence on the current
and future design, content or authorship of the linked pages. Its expressly
dissociates itself from the content of all linked pages, which were changed
after the link was set. This statement applies to all links and references
within the firm's own Internet offer. The provider of the page to which
reference was made is solely liable for illegal, incorrect or incomplete
contents and especially for any damage resulting from the use or non-use of
such information presented. The content of this website is protected by
copyright. The storage of the content is permitted only for private purposes.
Any commercial use for further publication or free distribution may only be
carried out in consultation with SINOVO health solutions GmbH. All information is
subject to being updated. Interactive offers made on this website cannot be
constantly monitored. Users are obliged to pay attention to compliance with the
legal requirements. SINOVO health solutions GmbH expressly reserves the right to
delete unlawful, offensive and irrelevant contents. Should you nevertheless
notice any content that you consider to be offensive, unlawful or irrelevant,
we kindly ask you to notify us accordingly at webmaster@sinovo.net.
d) SINOVO health solutions GmbH does not
guarantee that the contents meet the expectations of the user or that he/she
will achieve a specific goal with the contents. SINOVO health solutions GmbH does
not guarantee that the portal will be available to the user at certain times.
In particular, we thus assume no liability in the event of any disruptions,
interruptions or any failure of the portal. We hereby point out that we do not
adopt the contents of the MicroSites as well as the banners and other
advertising spaces as our own, and we accept no responsibility for them.
e) If you have any questions, comments or
suggestions regarding these Terms of Use or the Internet offer of SINOVO health solutions GmbH, please contact us by e-mail at webmaster@sinovo.net
2. Data protection
SINOVO health solutions GmbH takes the
protection of personal data very seriously. SINOVO health solutions GmbH takes the
issue of data protection seriously and designs its offer such a way that it
satisfies the statutory data protection provisions. Details of our Data
Protection Guidelines can be found at https://mylife-software.net/privacy,
which supplement the General Terms and Conditions of SINOVO health solutions GmbH.
3. Intellectual property
All copyrights, trademarks and any other
intellectual property relating to materials or the content of our services
belong, without limitation, to SINOVO health solutions GmbH or our (licensing)
partners. You may not copy, reproduce, transmit, distribute, modify or make
commercially viable these materials or content without the written permission
of SINOVO health solutions GmbH or our (licensing) partners.
By submitting materials to our services, we
and our (licensing) partners are entitled to the non-exclusive usage rights,
which are permanently exempt from fees, within our services and otherwise. The
right of use also includes the copying, distribution, sending, transmission,
adaptation and editing of the material.
4. Illegal use of the contents
It is prohibited to use the data contained
in the offer of SINOVO health solutions GmbH for marketing purposes. This includes
the automatic and manual readout of the data contained, in particular data of
SINOVO health solutions GmbH as well as any published data of third parties, as
well as links to their Internet offers and e-mail addresses, names and other
data. Any violations will be prosecuted in accordance with the statutory
provisions.
B. Access and use of the services of mylife™ Software online version and
use of the mylife™ App of SINOVO health solutions GmbH
1. General information
a) In order to use the services of mylife™
Software online version or the mylife™ App of SINOVO health solutions GmbH an
Internet connection is required. The user is solely responsible for the use of
the necessary hardware. Any connection or transmission costs resulting from its
use are to be borne by the user. For the use of the mylife™ App, a mobile
terminal that meets certain system requirements is also required. SINOVO health solutions GmbH is not responsible for ensuring compliance with the system
requirements. This is the sole responsibility of the user.
The user is solely responsible for the
accuracy of the login information and the information transmitted to SINOVO health solutions GmbH as part of the registration process.
Likewise, the user is responsible for maintaining
the confidentiality of his/her access data including the password. It is not
permitted to transmit or make accessible to third parties the login data or the
password. If access to the mylife™ App requires the registration of the user,
the user is responsible for ensuring that his/her password is not accessible to
third parties. The user assumes responsibility for all actions that are carried
out using his/her access data.
Moreover, the user is required to
immediately inform SINOVO health solutions GmbH in the event of any unauthorised
use of login and the password or in the event of any irregularities affecting
security.
No harassing, libellous, racist,
discriminating, violent, obscene, pornographic or threatening content or any
other unlawful content may be transmitted through the services of the mylife™
Software online version and SINOVO health solutions GmbH
Furthermore, the mylife™ Software and all
the services of SINOVO health solutions GmbH may not be used in a manner that can
lead to cancellation, damage or reduced performance and violates the rights of
third parties. They also include the right to intellectual property, the right
to confidentiality and data protection provisions.
Advisory services such as the hotline of
SINOVO health solutions GmbH or the central telephone number are offers which can
be reached by means of the contact details listed. The advisory service cannot
replace individual diagnoses, treatments, or treatment recommendations, but can
only provide general and abstract health information that does not relate to
any particular patient. The users of the advisory service are obliged to
consult their doctor regarding their individual diagnosis and treatment and to
coordinate all measures related to their health with this doctor.
SINOVO health solutions GmbH reserves the right
to store the information regarding the calls in the form of call notes. Calls
of a fraudulent nature, calls made with bad intent or with the intention of
committing fraud may have legal consequences.
b) SINOVO health solutions GmbH provides all
its services in connection with the service of mylife™ Software online version
or the mylife™ App to users, doctors, patients or persons of trust (hereinafter
referred to as "Customer") solely on the basis of these General Terms
of Use and Terms and Conditions (GTCs). Other terms and conditions apply only
insofar as this has been confirmed individually by SINOVO health solutions GmbH.
SINOVO health solutions GmbH is entitled to amend or supplement these GTCs after
giving a reasonable period of notice. The announcement will be made by e-mail
by sending the changed GTCs or by e-mail with a reference to the chance to view
the changed GTCs on the Internet on the web pages of SINOVO health solutions GmbH at
https://mylife-software.net/terms. If the Customer does not object to the
amended or supplemented conditions within six weeks of their publication on the
Internet, the amended or supplemented terms shall become effective. If the Customer
objects within the time period, both contractual partners are entitled to
terminate the contract at the time when the amended or supplemented GTCs enter
into force.
2. Type and execution of services by
SINOVO health solutions GmbH
a) The performance of SINOVO health solutions GmbH includes the provision of the mylife™ Software online version, the provision
of the mylife™ App, an online data management system and diabetic diary for the
customers, by means of which patients' diabetes values (e.g. blood glucose
levels, blood pressure readings or insulin pump readings) can be recorded,
managed and viewed from any location.
b) With the provision of the mylife™
Software or the mylife™ App, SINOVO health solutions GmbH does not undertake any
medical work, does not give any therapeutic advice and does not provide
services that can or should replace the tasks performed by a doctor.
c) The activation of access to the mylife™
Software online version shall take place after the contract has been concluded
with the Customer.
d) Insofar as SINOVO health solutions GmbH
provides voluntary services and performances beyond the contractual services
specified in clause 2a), it may change or discontinue these services on account
of technical, legal or economic changes in the general framework conditions or
considerations or continue to offer services that have until now been free of
charge for a fee in the future.
SINOVO health solutions GmbH will inform the
Customer at once if the further provision of voluntary, unpaid services is
jeopardized on account of the aforementioned reasons. SINOVO health solutions GmbH
will take into account the interests of the Customer when assessing the period
of adjustment or modification or the compensation of these services.
The Customer has the right to extraordinary
termination within 14 days of the notification of the termination, modification
or compensation of the voluntary services. Further rights of the Customer in
connection with the cessation, modification or compensation of voluntary
services are excluded.
3. Server availability, security
a) Server failures due to force majeure and
events beyond the control of SINOVO health solutions GmbH, which make its services
considerably more difficult or impossible to provide – in particular strikes,
lock-outs, official directives, disturbances in the area of Telekom's services
or on the Internet, excessive use by other users, attacks by hackers and/or
"spammers", etc. – entitle the Customer to a reduction in compensation
only if the impediment is significant and persists for a significant period of
time. The Customer is then entitled to a corresponding reduction in his/her
current monthly fees and charges until the next termination date.
If the impediment exceeds an insignificant
period of time and if the Customer is thus unable to continue the contract
until the next termination date, he/she has the right to terminate the contract
extraordinarily and without giving notice. Termination must be preceded by a
threat of termination by setting an appropriate deadline for the removal of the
ground for termination. The Customer is not entitled to any further rights,
except in the case of intent, gross negligence or the violation of an essential
contractual obligation of SINOVO health solutions GmbH.
b) The data available in mylife™ Software
online version can only be retrieved by using the user ID and password (access
data). The Customer undertakes to keep these access data strictly confidential
and to inform SINOVO health solutions GmbH at once as soon as he/she becomes aware
that the access data are wholly or partially known to third parties. Should, on
account of a fault of the Customer, third parties influence the data stored
data through misuse of the access data, which also includes, among other
things, their modification, deletion, download and forwarding, SINOVO health solutions GmbH assumes no liability for this. SINOVO health solutions GmbH is, in
this case, entitled to block the user account and to give the Customer a new
password. Any reasonable costs resulting from this are to be borne by the
Customer.
c) SINOVO health solutions GmbH herby expressly
points out that protection for data transmissions in open networks, such as the
Internet, cannot be comprehensively guaranteed in accordance with the current
state of the art. The data stored on the servers of SINOVO health solutions GmbH
may, from a technical point of view, also be viewed and changed by other
Internet users without authorisation. SINOVO health solutions GmbH has secured its
servers against unauthorised access using proven and customary systems. Any
liability of SINOVO health solutions GmbH for any interference in the data stored,
which takes place despite the functionality of the system backups provided by
SINOVO health solutions GmbH, is excluded.
d) The Customer is obliged to carry out a
data backup on his/her own storage media (hard disk, floppy disk or similar) in
the event of any changes to the data stock. In particular, the health-relevant
data entered into "mylife™ Software Online Version" must also be
secured on the Customer's own storage media. The Customer is required, within
the limits of his/her knowledge and abilities, to test software before using it
in order to check that it is free of defects and that it can be used in the
specific situation before commencing with the operational use of the program.
This also applies to programs that the Customer receives from SINOVO health solutions GmbH. If there is any doubt, the Customer should contact the technical
support team of SINOVO health solutions GmbH +49 6109-500 3909 / info@sinovo.de. The
Customer is hereby expressly advised that even minor changes to the software
can affect the operability and usability of the entire system.
e) SINOVO health solutions GmbH does not
guarantee that the mylife™ App or the contents conveyed thereon are compatible
with the hardware and software of the Customer's mobile device.
4. Contract conclusion, contract
termination
a) The contract with SINOVO health solutions GmbH is concluded by the completion and submission of the online form at
https://mylife-software.net/register by the Customer upon its receipt by SINOVO health solutions GmbH.
b) The contract is concluded for an
indefinite period of time. The contractual relationship can be terminated by
both parties without giving any reasons and with a notice period of 30 days to
the end of the month.
c) The right to extraordinary termination
for good cause remains unaffected.
d) Each termination must be in writing for
it to be effective; this is also ensured by sending an e-mail.
e) The participation of doctors requires
them to be registered a doctor and such registration to be verifiable.
5. Liability
Insofar as these GTCs do not contain any
special provisions, the liability of SINOVO health solutions GmbH is regulated as
follows:
a) SINOVO health solutions GmbH shall not be
liable for any damage resulting from errors, delays or interruptions in
transmission, faults in the technical equipment, incomplete data, viruses or from
any other way when the mylife™ App is used, unless such damage is a result of
intent and gross negligence.
b) SINOVO health solutions GmbH shall only be
liable for damage if SINOVO health solutions GmbH or one of its vicarious agents
has violated a material contractual obligation (cardinal obligation) or the
damage is due to the gross negligence or intent of SINOVO health solutions GmbH or
one of its employees or vicarious agents. The liability of SINOVO health solutions GmbH for damage to life, limb or health as well as for guarantees remains
unaffected.
c) The liability of SINOVO health solutions GmbH
is, in the cases of Point 5 b) limited to the damage suffered by the Customer,
which was reasonably foreseeable for SINOVO health solutions GmbH upon conclusion
of the contract.
6. Remuneration
a) If a fee is agreed, it will fall due 14
days after the invoice has been issued. SINOVO health solutions GmbH may, in the
event of a delay in payment, postpone any further processing of the current
order at its discretion until payment has been made or demand payments in
advance.
b) Unless otherwise agreed, the respective
price list of SINOVO health solutions GmbH shall apply; it can be accessed via
https://mylife-software.net/tariff.
7. Right of revocation
Right of revocation
You have the right to revoke this contract
within fourteen days without having to give a reason for doing so. The
revocation period is fourteen (14) days from the date of contract conclusion,
but not before you have received this information in writing and not before you
have been informed by us in accordance with the requirements of Article
246a(1)2 sentence 1 number 1 EGBGB (Introductory Act to the German Civil Code).
In order to exercise your right of revocation, you must send a clear statement
(e.g. in the form of a letter by mail, fax or e-mail) to us - SINOVO health solutions GmbH, Willy-Brandt-Straße 4, 61118 Bad Vilbel, phone number 06172-3986-90,
fax number 069-3986-91, e-mail address info@sinovo.net, confirming that you are
revoking the contract. In order to comply with the revocation period, it is
sufficient for you to send the notification of your exercise of the right of
revocation before the revocation period expires. If you wish to make an
announcement, see also Appendix 1 (at the end of this document).
8. Consequences of the revocation
If you withdraw from this contract, we
shall reimburse you immediately for any payments we have received from you
since contract conclusion, at the latest within fourteen days as of the date on
which we received the notification of your cancellation of this contract. In
order to effect this reimbursement, we will use the same means of payment as
you used in the original transaction, unless expressly agreed otherwise with
you. You will not be charged any fees with regard to this reimbursement.
9. Final provisions
a) Oral subsidiary agreements do not exist
at the time the contract was concluded.
b) The law of the Federal Republic of
Germany applies, excluding the UN Sales Convention. The place of performance
and court of jurisdiction for all disputes arising out of and in connection
with this contract is, with regard to contracts with merchants, the registered
office of SINOVO health solutions GmbH.
c) SINOVO health solutions GmbH hereby points
out that, in addition to the ordinary legal process, you also have the option
of settling disputes out of court in accordance with Regulation (EU) No.
524/2013. Details can be found in Regulation (EU) No 524/2013 and at the following
Internet address: https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=CELEX%3A32013R0524.
SINOVO health solutions GmbH is neither obliged nor willing to participate in dispute
resolution proceedings before a consumer arbitration board.
Status: May 2018
Appendix 1:
Model revocation form
If you wish to revoke the
contract, please complete this form and send it back:
– to
SINOVO health solutions GmbH
Willy-Brandt-Straße 4
61118 Bad Vilbel
Germany
E-mail: info@sinovo.de
– I/we (*) hereby revoke the
contract concluded by me/us (*) in order to acquire the mylife™ Software
– Ordered on (*)/received on (*)
– Name of the user(s)
– Address of the user(s)
– Signature of the user(s) (only
when the notification is on paper)
– Date
___________
___(*) Delete as appropriate.