Mysugr gmbh
General trading conditions (OWH)
Version 25 september 2018.
Table of contents:
1.
Scope
1.
1 our products
1.
2, our OWH
1.
3 external suppliers
2.
Data protection
3.
Contract and registration
3.
1 purchase of our products and payments
3.
2 registration and activation
4.
ODSTĘPIENIA from the right to
4.
1 information on the use of the right of withdrawal
4.
2 exceptions to the right of withdrawal
5.
Use our products
5.
1 life and termination
5.
2 blockade and exclusion
5.
3 license and the granting of rights
5.
4 the availability of our products
6.
Your behavior
6.
1 general provisions
6.
2 improper use
7.
Our responsibility
7.
1 guarantee and liability
7.
2 disclaimer and liability zwolenienie
8.
Special provisions
8.
1 calculator bolus mysugr
9.
Final provisions
9.
1 the choice of law
9.
2 jurisdiction
9.
3 other provisions
This OWH are available in the current version of the respectively on our website and are available for download www.mysugr.com in pdf format.
1.
Scope
1.
1 our products
1.
1.
1 we
Mysugr gmbh
1010 vienna, Trattnerhof 1
+ 43 720, support @ 884555 mysugr.com
Fn 376086 v (the commercial court of vienna)
Dvr 4015732, uid Atu67061939
(Abbreviated to " mysugr ") and an interactive platform and mobile applications develop it handles (applications) for diabetic.
Mysugr is a dedicated to digital healthcare, which offers a comprehensive taking care of the diabetic patient, in order to minimise obstacles and problems in daily therapy.
Thanks to our products and services we deal with daily solutions facilitating diabetes.
1.
1.
2 as part of our products and content, which are collected the information we supply in line with our best knowledge and beliefs, and with the greatest care with internal and external sources.
However, we wish to make it clear that our products and services shall serve exclusively information and raising your conscience, but can not replace talking to your doctor and his diagnosis.
Mysugr in any event does not grant any recommendations for medical treatment or medical advice.
For questions concerning the disease and treatment contact your doctor we recommend.
Assessment data supplied are the sole responsibility of your and your doctor or advisor
Diabetes.
All content, regardless of whether it is provided by mysugr, our partners or users-is not meant to supplement or replace the information supplied by your doctor or pharmacist.
1.
1.
3 mysugr offers a variety of products (applications and services, as well as their combinations) (the deal with diabetes) to.
For reasons of simplification, all existing and future applications and services (including new versions, updates of the packages and other), which provides improvements in any form, are in total mysugr hereinafter referred to as " the products " or individually ' product '.
Anyone who buys and he's using one or more of our products, be referred to as individually or together " user. "
In so far as these refer only to natural persons OWH in male form, they apply equally to everyone.
1.
1.
4) in conjunction with these for individual products, the following definitions OWH:
Applications
Official mysugr (Logbook) is an independent or tablet, which on mobile and smart phone everyday life diabetyka document.
Our basic version is limited functionally.'s mysugr
Mysugr pro is unlimited, full version's mysugr.
Mysugr pro is a toll and offers many additional features, version that will help you even better able to cope with diabetes.
Calculator mysugr bolus calculator) shall calculate bolus insulin or carbohydrates in only a few steps on the basis of your settings.
Our calculator is an additional service available in combination with bolus and mysugr pro.
Services
Mysugr coach offers comprehensive information from certified advisors
Diabetes dietetyków and, regardless of the time and place.
Application mysugr can be used in some countries as an extension to coach mysugr pro.
Packages
Package mysugr (bundle) is comprehensive and includes a solution together with such as mysugr pro extensions and coach, as well as the calculator bolus mysugr from our partners and focused on the need for glukometr user supply strips (automatic delivery strips test depends on the test of actual execution of measurement, i.e.
Only measurement and registration causes orders for adequate supply of test strips) transmission.
Availability and composition of the package are continually being developed. mysugr
1.
1.
5 our instructions for its use (available in our applications or on the internet site) and in the corresponding special provisions (chapter 8).
Draws attention to the specific characteristics of the products concerned.
1.
2, our OWH
1.
2.
1 all products solely on the basis of these general commercial conditions we offer () in respectively version for OWH exception of the united states and canada.
Company mysugr clearly rejects any conflicting trading conditions and conditions of use.
1.
2.
2 note that before the first use of our products you have to accept this general trading conditions as well as any related statements and agreements, and each subsequent use of our products means their acceptance.
Registration and use of our products is prohibited without accepting our by you. OWH
1.
2.
3 so we reserve the right to introduce modifications and clearly objectively justified changes in in the future. OWH
Modifications may be necessary in order to meet the legal requirements, technological and performance requirements economic or in order to satisfy the interests of our users.
Such changes may be made at any time and shall be published in an appropriate manner prior to their entry into force, whereby each user within one month of their notification may submit a written objection.
In the absence of opposition, the continued use of our products is subject to appropriate new OWH.
1.
3 external suppliers
1.
3.
1 our products can be found in the shops with applications.
Essentially apply specific conditions which we have no influence on external supplier (), which are not part of our nor our contractual relations with you as OWU user of our products.
The same applies to conditions for the use of equipment or mobile operator's user.
1.
3.
2 in order to optimal use of our products are working with the various partners.
Are partners, who provide us or our users directly individual products (e.g.
Glukometr straps test) as well as, insurance companies, which may cover the costs of our products on your behalf.
In such cases, either explicitly refer to the applicable commercial conditions of third party, or you must accept such conditions, before it's possible the acquisition of any of our products via the external supplier.
Data protection
Realise enormous responsibility involving the use of our products by you, because you us not only their general data, but also data about their condition.
Our privacy policy on the use and protection of your data in we are keeping the benefit of our products, as well as of the required consent, which you must provide.
Without your consent needed for the processing of personal data the use of products is legally and factually impossible.
Our privacy policy is not part of this general commercial conditions, but it is only for you and transferred in accordance with general information on data protection regulation under which you agreed to the necessary data processing.
3.
Contract and registration
3.
1 purchase of our products and payments
3.
1.
1 our products can be in different ways: purchase
Applications and services
Stores with applications (such as apple app store / or) offer our products. itunes Googleplay
Remember that the purchase of (and not use) of our products is subject to conditions commercial applications, and may be required to assume stores for user accounts.
Our party has its own area login and offers direct access to our products, in particular to the package mysugr.
Vouchers vouchers (on our products are present in a continuous) and can be exchanged for circulation our website.
Packages
Equipment therapeutic are partly distributed together with our products.
For example, you can combine and other devices with our and glukometr therapeutic.
Insurance corporations (public or private) cooperate with in order to promote diabetic patients in the use of our mysugr products.
All costs of our products will be covered directly by the insurance institution or in accordance with the tariff insurance. zrefundowane
Anytime you can to find out whether your supplier health insurance longer with us cooperation.
3.
1.
2 our priced products can be acquire on our website, in shops, applications or in our applications.
Billing shall be performed by user accounts of the shop with applications with options payments. predefiniowanymi
Appropriate shop with applications and acts as an intermediary payment service provider or as a direct. for mysugr
In the event of withdrawal or payment can be contacted us always at support @ mysugr.com.
3.
1.
3 user fees or of the purchase price (including statutory vat) are-depending on tender and selection-paid all at once or periodically (e.g.
On a monthly basis, half-yearly or annual).
Current fees are displayed in our application or in the shops applications and should be promptly in advance. pay them
Reminder invoices and payments can send those e-mail, as far as the implementation of the order is not directly through the store with applications.
Zawinionej late or incomplete payment, for we have the right to block you access to our products.
The obligation to pay charges for using remains intact.
3.
1.
4 so we reserve the right to limitation clearly at any time free products, to dispose of it in its entirety or for their supplies available.
Future can not be brought any legal claims arising from the free use of individual products or their parts for a given period.
3.
1.
5 mysugr may also submit tenders, which may be of exceptional or gratuitous additional conditions or restrictions.
Stated in this context we drew attention to any deviation from these OWH, while this remain fully binding in all the other OWH aspects.
Transfer offers can not be made and gratuitous on to other users.
3.
2 registration and activation
3.
2.
1 using our products require registration in application mysugr.
After initial activation our product register via e-mail address should be and password). (identifier mysugr
Each user can create only one identifier and any such identifier must be used mysugr by only one user.
3.
2.
2 by registering user shall binding offer for a contract with the company to benefit from our products on the basis of mysugr these in respectively, which we as version OWH clearly we accept, at the latest by activating or sending unsolicited goods. mysugr id
3.
2.
3 activation is confirmed immediately after registration with by means of a separate e-mail address.
So we reserve the right to refuse activation for individual users or rejecting their tender conclusion of the agreement without giving any reason.
In such a case already made payments will be returned, and sent user data will be immediately removed.
3.
2.
4 by registering confirms that the user is completed sixteen years and is entitled to conclude contracts in accordance with applicable law.
Only persons having legal capacity may register themselves.
Minor could do it only with the express consent of the parents or legal guardians.
Scan such written consent should be sent to the address support @ mysugr.com.
By registering, parent or guardian declares that it is right to submit a legally binding statements also on behalf of the minor.
3.
2.
5 by registering, confirms that the user is well aware and fully endorses the content of these and that all its data are real OWH, correct, up-to-date and complete, as well as undertakes to update this information.
So we reserve the right to communicate with user at any time in order to verify registration data and information for use.
3.
2.
6 if the user will give false, incorrect or incomplete information or if we are obsolete reasonable grounds to believe that the information is false, incorrect, outdated or has the right to block the identifier mysugr with immediate effect and without prior notice mysugr and prohibit user to exercise our products without an obligation to reimburse any costs.
3.
2.
7 the user is required to protect their registration data from unauthorised access of third parties, the diversion or unlawful use.
Even suspicion that the user may be exposed to the risk of such mysugr, report immediately to the address support @ mysugr.com.
We have the right to block identifier each user in the case of misuse or mysugr use illegal.
4.
ODSTĘPIENIA from the right to
4.
1 information on the use of the right of withdrawal
4.
1.
1 unless you are using a our products or for commercial purposes, or professional, you are entitled to withdraw from the contract with the company as a consumer in accordance with the following provisions: mysugr
Information on the right of cancellation
The right to withdraw
You have the right to withdraw from the contract within 14 days without giving any reason.
Period fourteen days from the date of conclusion of the agreement is withdrawal (activation) or from the date on digital resources which the consumer or a third person designated by him not, came into possession of the goods (physical carrier supply).
To exercise the right to withdraw from the contract, tell us, gmbh, 1, 1010 vienna mysugr Trattnerhof, telephone: + 43 720 884555, e-mail: support @ mysugr.com by making a clear statement from (e.g.
E-mail or letter sent by post) of its decision to withdraw from the contract.
Can benefit from the attached model withdrawal form, but it is not mandatory.
Deadline withdrawal, in order to respect just send notification of use of the right of withdrawal before that date.
The consequences of withdrawal
In the event of withdrawal of this agreement, we will immediately all received from you payments, including any delivery costs (with the exception of additional costs resulting from selection by you another way than supply offered by us standard), at the latest within the cheapest supply of 14 days from the date of receipt of notification by us to withdraw from this agreement.
To reimbursement use the same method of payment, which has been used for the initial transaction, unless explicitly agreed with you otherwise; in any case, you will not be charged to any charges for reimbursement.
Note that where the provider of health insurance has ever costs of goods or services of which you quit, in accordance with the tariff provider's health insurance may have adequate feedback to claim you.
Yourselves excused repayment, until we receive reimbursement of goods or until you show that you goods, depending on what comes first.
Goods talk or to mysugr gmbh, 1, 1010 wien tel.: Trattnerhof + 43 720 884555, e-mail: support @ mysugr.com, and in any case within 14 days of the day, let us to withdraw from this agreement.
Deadline is met when the goods will be sent before the deadline for 14 days.
Costs are redispatched goods.
For the loss of value of the product should be paid only if the loss of values due to the handling of goods in a way which is not necessary to check the quality, characteristics and performance of the goods.
If zażądałeś started providing its services during the period of withdrawal, you are required to pay us an amount which corresponds to the part of the services already carried out until the telling us to go to a right of withdrawal from this agreement, proportional to the total range of services within the framework of the agreement.
Form withdrawal
If you want to cancel the contract, fill out this form and send him back to the following address:
Mysugr gmbh
1010 vienna, Trattnerhof 1/5 og
Support @ mysugr.com
Cancel included my purchase agreement the following goods / services the following services:
Ordered / received on:
Id mysugr, name and address of the consumer:
Date and signature (only in the case of communication on paper)
4.
2 exceptions to the right of withdrawal
4.
2.
1 you have no right to withdraw from contracts for the provision of digital content, which are not stored on physical, if we for your data medium-and they know about the loss of the right to express agreement of the termination of the contract in the case of starting of the contract, and once the copies in accordance with paragraph 7 (or confirmed.
(3) of the provision of services at a distance and service foreign ()-before the existing supply we FAGG in other cases deadline withdrawal.
In accordance with paragraph 7 (
3 FAGG user shall receive an acknowledgement conclusion of the agreement on a durable medium data (e.g.
E-mail) together with the information set out in (4) (
1 FAGG within a reasonable time after the conclusion of the contract, but no later than before the provision of services, unless such information have already been provided in a durable medium of the data.
Confirmation agreement shall in any event confirm the agreement of the immediate execution of the service and knowledge of the user of the resulting loss of the right to withdraw from the contract.
4.
2.
2 moreover, you have no right to withdraw from the contract in the case of contracts relating to goods which have been delivered in the sealed and are not suitable for return for reasons relating to health protection or hygiene, if seal was removed after delivery.
Technically and economically, it is not possible to verify whether ordered stuff was used following the receipt, or has had contact with body fluids, whether it is (partly) mixed with contaminated components of goods or whether it was properly stored-us and / or appropriate producers shall be prohibited for reuse or the placing on the market of such goods.
Therefore the right of withdrawal is excluded due to controlled hygiene requirements and sustainability.
5.
Use our products
5.
1 life and termination
5.
1.
1 permission to use our products starts from the registration and activation by mysugr.
5.
1.
2, you can use our free products indefinitely.
Life products purchased under the health insurance (in particular package) depends on the conditions of insurance and contracts mysugr.
5.
1.
3 priced products may be under our acquire monthly or annual, as well as subscriptions to shorter or longer period of use (" period '), according to current subscription offer.
Reasonable period subscription is displayed in our applications or in stores of applications.
5.
1.
4 both user, and have the right to the termination of the contract in mysugr any time with one month notice, with effect at the end of each month.
This can be done by selecting " speak " on his record at the store, subscription applications, in the area login on our website or by writing to us at the address: support @ mysugr.com.
Bear in mind that fees already paid for shall be released only where the period of subscription of unused notice or in the case, by the end of the period of automatic mysugr subscription (point.
5.
1.
6 below).
5.
1.
5 niewypowiedzenia for him in time, the subscription period or niewypowiedzenia period of subscription shall be automatically extended for a further period to previously elected period subscription.
At will be charged the standard price renew your subscription (not: the offers special or free or offer your insurance institutions).
Automatic renewal may be excluded in user accounts in the shop with applications settings.
5.
1.
6 in the case of your death or dismissal statements to consent to the protection of personal data, the ratio of the use of ends automatically with effect immediate, because without your consent may not process health data. your mysugr
5.
1.
7 for any questions on the life or your its completion, please contact at support @ mysugr.com.
5.
2 blockade and exclusion
5.
2.
1 so we reserve the right to block users at any time from temporary important reasons (according to our recognition) or to permanent exclusion from their use of our products.
In case of termination without notice, the fee is excluded.
5.
2.
2 important cause is particularly serious infringement by the user, such as these OWH
Breach of point.
3.
Payments (1) setting out the payment deadline point. two weeks
3.
2 (registration data), point.
5.
3 (licence) or point.
6. (
Your behavior).
5.
3 license and the granting of rights
5.
3.
1 together with the registration and activation, but you get non-exclusive non-negotiable unrestricted right to use a copy of recording and territorially our application for his own purposes within the limits of these OWH.
For paid our products is limited to the duration of this licence contractual period of subscription.
5.
3.
2 software code, methods and systems, as well as the content of our products are protected by copyright and competition law and may be used only by the mysugr.
Our products or parts thereof may not be-without the prior written consent, copied, modified, played, again published or to appear, transmitted, sold, offered for sale or resold or used in any way.
Users shall be entitled to use of trade marks, logo or other industrial property rights of mysugr.
OWH unless this otherwise, all of the right to use and exploitation of belong solely to companies or companies belonging to the group and not mysugr licence in respect of the fall in any of our products.
5.
3.
3 unless this is technically necessary to provide our products, every individual grants, but unpaid, mysugr niewyłącznego odwołalnego, temporarily and the right to unrestricted zbywalnego use and the use of territorially content, which generates, shall, as part of our stores and publish products.
Use or use of data is ruled out, however, if the legitimate interests of the user (e.g.
The data protection rights) are disproportionately affected.
When using their beyond our products as far as possible we pay attention to the fact that the content of the originate from the user.
Mysugr not claims the ownership of the established the content and will not exercise any supervisory role in relation to the content of user-created.
5.
4 the availability of our products
5.
4.
1 Udostępniamy our products in each case in accordance with existing technical capabilities, economic, operational and organisational management.
Mysugr can not exclude breaks, interference, delays, removals errors in the transmission or damaged memory in connection with the use of our products or communicating with users.
Partly involving our products in addition, we offer external suppliers and we are therefore dependent on the provision of services technical by third parties.
Therefore did not have any responsibility, does not give any mysugr any guarantee nor take commitment to ensure the continued availability of our products on the internet.
5.
4.
2 the same applies to limitations on the use of our products due to force majeure, strikes and lockouts, as well as with the regulations of the technical modifications or maintenance work systems mysugr.
For more information on our products, please contact at the following address: support @ mysugr.com.
6.
Your behavior
6.
1 general provisions
6.
1.
1 each user is entitled and obliged to use and the use of our products at its own risk and expense, using appropriate technical equipment.
Information about which terminal equipment and operating systems are compatible with our products can be obtained in the applications or at any time with us at support @ mysugr.com.
6.
1.
2 are also obliged to make use of our products only in accordance with these provisions and rights, and to deter OWH from inappropriate use of our products.
Any breach of the obligations referred to in this point, should be reported without delay to the address support @ mysugr.com.
6.
2 improper use
6.
2.
1 each user undertakes to administration of their registration data in accordance with the truth, and to ensure that have always been up-to-date and complete, and not to provide them to third parties.
Caution should be confidentiality of personal data, carefully managed and safeguard them at their own risk.
Mysugr does not provide any guarantee or other bears responsibility for lost or damaged or content, unless it comes from our guilt.
6.
2.
2 content such as photos, images, texts, videos or other presented information may be held, published, transferred or in connection with our disseminated only on condition that the user products is entitled to pass and make use of them.
Anyway use in any way racist content,, discriminatory, associated with dirty defamatory sex, pornographic or violence or content in a different way gloryfikujących illegal is prohibited.
6.
2.
3 allowed is also decoding, play, or our products. dekompilowanie dezasemblacja
Each user undertakes not to interfere in our products or on the network through technical means and / or electronic (mysugr in particular through the sample burglaries, attacks brute force approach, viruses, worms, and other infekowanie trojanami) and vicious programmes refrain from any attempts to introduce interference which would affect the hardware or software products and systems mysugr.
7.
Our responsibility
7.
1 guarantee and liability
7.
1.
1 unless this OWH provide otherwise, responsibility and provides a guarantee under the mysugr laws.
7.
1.
2 liable to users who are not consumers, for losses cash losses, lost benefits and follow-up damage resulting from claims by third parties are excluded.
In so far as these our responsibility is limited or excluded, OWH this applies equally to representatives and the related companies of the company. mysugr
7.
1.
3 outside the scope of the law on product liability, responsibility is limited to wilful misconduct and mysugr gross negligence-with the exception of injuries.
Responsibility light negligence is excluded for the following reasons facts.
7.
1.
4 mysugr company does not ensure that our products are available in its entirety, in a continuous and no mistake and that the required hardware / software operate flawlessly.
And we can not rule out the possibility that the transmission of data through ancillary systems, in particular, the internet and other telecom networks, can be followed, registered or by third parties.,
7.
1.
5 mysugr has no responsibility for the content of the collected or materials that you received as a result of the use of our products.
User sole responsibility for any damage that may occur in the computer system or equipment final, as well as for the loss of data due to download materials related to our products.
7.
1.
6 mysugr does not provide any guarantees for content also links, such as external links, banners or other information and offer advertising, which can be accommodated by third parties in the framework of our products.
If notification is being made available to third parties, or rope shall not be liable for the information in them mysugr contained.
Resulting transactions give rise to contractual relations only between the user and the third party.
We have not provided any guarantee or not another responsibility for services of third parties. we're
7.
2 disclaimer and liability zwolenienie
7.
2.
1 use our products does not replace talking to your doctor or other medical advice and therefore, a user bears in this respect. the exclusive risk
This concerns in particular use procured goods, such as, as well as the use by the user data glukometr given as part of our products, including the measurement, calculation and recommendations regarding the action.
User clearly acknowledges that such data can be incorrect, and does not bear any liability for their correctness mysugr.
7.
2.
2 as far as required by the applicable rules for medical devices attached to the use of products, products may be used or used only in accordance with the objectives and areas of application laid down in the tender specifications and conditions of use.
7.
2.
3 user will of any claim made against mysugr mysugr by third parties due to zawinionego infringement of their rights by the user in connection with the use of our products.
Any further compensation claims against the mysugr shall remain unaffected.
7.
2.
4 user shall take full responsibility for any damage and litigation or out-of-court resulting from conflicts with other users.
User explicitly acknowledges that in any event not be liable for mysugr act or omission by other users, or for any damage arising from them.
7.
2.
5 by third parties in the event of a claim against the user is required immediately to administration, mysugr any available to it information in a real and complete, which is essential to the analysis, the protection and defence of claims by third parties.
User shall bear the costs required, including any legal defence mysugr the legal and legal representation costs of up to an.
8.
Special provisions
The following provisions for individual products is supplemented by other provisions of these, unless explicitly stated otherwise: OWH
8.
1 calculator bolus mysugr
8.
1.
Calculator mysugr is intended only for bolus 1 patients with diabetes mellitus requiring insulin or trained in therapy fit (or comparable programmes), who have graduated from 18 years of age and receive regular medical examinations.
Calculator under any circumstances, may not be used by minors bolus or by persons who, as part of its use insulin therapy or mixed only long-acting insulin, or are physically (e.g.
For serious vision loss), mentally or unable to themselves treatment continuation.
8.
1.
2 paid calculator helps calculate the required dose of insulin bolus.
Bolusów mysugr is the calculator calculation based on different parameters introduced by the user.
For calculation, it is necessary that the approximate user input.
Mysugr in any event, did not have any responsibility for the results and suggestions calculated by calculator bolus.
8.
1.
3 outcome determined by a plea for the user, calculator bolus mysugr calculated in order to apply the dose of insulin.
But only depend on you reliability check based on its own experience, calculated values-medical recommendations your doctor and the package leaflets of medicine-as well as yourself to establish insulin dose.
Mysugr warns against the following the suggestions calculator clearly without its own correctness checks. bolusów mysugr
8.
1.
Calculator mysugr 4 shall in no case may replace the bolus medical knowledge doctor, regular medical examinations on, insulin administration or other medicines, measuring blood sugar or the calculation of the individual parameters of therapy.
9.
Final provisions
9.
1 the choice of law
This OWH and all the legal relationship between mysugr and user solely by the law, with the exception of standards are subject to the austrian conflict-of-law rules, provisions the un convention on the sale of goods.
However user as a consumer benefit from protection under the mandatory provisions of the country in which he is domiciled or habitual residence.
9.
2 jurisdiction
Place implementation and the exclusive jurisdiction for all disputes in connection with this is headquarters in vienna. OWH mysugr
Mandatory conflict-of-law rules beneficial to consumers is not affected.
9.
3 other provisions
9.
3.
1 unless these OWH notification is required or writing (including claims about the importance of legal), it is sufficient also message e-mail to the address given by the user under registration (identifier). mysugr
9.
3.
2 users are not entitled to transfer their rights and obligations of these to third parties in connection with the use OWH of our products.
Mysugr may transfer their rights and obligations of these to other firms or third parties, OWH provided that such transfer does not have a significant impact on the user rights of these. OWH
9.
3.
3 if the various provisions of these is, or becomes invalid, their OWH other provisions that can not be declared null and void, shall remain in force and shall apply.
9.
3.
This OWH 4 shall be made available in different languages.
Is decisive version of the country where the user as the consumer is domiciled or habitually (e.g.
German version for users in austria, germany and switzerland).
If and in so far as is not available language version relating to a given country, is conclusive english version.