الشروط والاحكام
Mazboot for Technology
General terms and conditions (T&Cs)
Version dated 25th September 2018
1. SCOPE
1.1 Our products
1.2 Scope of our T&Cs
1.3 Third-party suppliers
2. DATA PROTECTION
3. CONCLUDING THE CONTRACT AND REGISTRATION
3.1 Purchase of and payment for our products
3.2 Registration and activation
4. RIGHT OF WITHDRAWAL AND REVOCATION
4.1 Information on exercising the revocation right
4.2 Exemptions from the right of withdrawal
5. USE OF OUR PRODUCTS
5.1 Usage term and termination
5.2 Lockout and exclusion
5.3 License and the granting of rights
5.4 Availability of our products
6. YOUR BEHAVIOR
6.1 General information
6.2 Abuse
7. OUR RESPONSIBILITY
7.1 Guarantee and liability
7.2 Disclaimer and indemnification
8. SPECIAL PROVISIONS
8.1 Mazboot Bolus Calculator
9. FINAL PROVISIONS
9.1 Choice of law
9.2 Place of jurisdiction
9.3 Miscellaneous
The applicable version of these T&Cs can be viewed on our website www.mazbootapp.com
1. SCOPE
1.1 Our products
1.1.1 We,
Mazboot
Cairo, Egypt
(“Mazboot”), develop and operate an interactive platform and mobile applications (apps) for persons with diabetes. Mazboot is a digital health company and wants to offer persons with diabetes comprehensive care in order to minimize the barriers and problems of daily therapy. Our products and services are solutions that aim to simplify your daily diabetes management.
1.1.2 Our Products provide information and content that has been assembled with the greatest of care and to the very best of our knowledge from internal and external sources. We nevertheless wish to emphasize that our Products and services are only to be used to provide you with information and to build awareness, but they cannot replace consultation with and diagnosis by a healthcare professional. Under no circumstances does Mazboot issue medical therapy recommendations or medical advice of any kind. For questions on the illness and therapy, we recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content – no matter whether provided by Mazboot itself, our cooperation partners, or users – can be understood as supplementing or replacing information from a healthcare professional or pharmacist.
1.1.3 Mazboot offers a range of Products (apps) and services as well as combinations of these (bundles) for managing your diabetes. For the sake of simplicity, all current and future apps, services, and bundles (including new versions, updates, and other improvements) that Mazboot provides in any way, are subsequently referred to jointly as “Products” or individually as a “Product”. Each person who acquires and uses one or more of our Products is referred to jointly as “Users” or individually as “User”. If these T&Cs refer to natural persons using the male form, they apply equally to all people.
1.1.4 In connection with these T&Cs, the following term definitions apply to individual Products:
Apps
Mazboot Logbook is an independent mobile application (app) for your smartphone or tablet that documents your daily life with diabetes. Our basic version of the Mazboot Logbook has restricted functions.
Mazboot Pro is the name of the unrestricted full version of the Mazboot Logbook. Mazboot Pro is subject to a charge and offers numerous additional functions to control your diabetes in an even better way.
Mazboot Bolus Calculator uses your settings to calculate your insulin or carbohydrate in a few steps. Our Bolus Calculator is an additional service that is available in combination with Mazboot Pro.
Services
Mazboot Coach offers comprehensive information independent of time and location from certified diabetes educators and dieticians. In some countries, you can use Mazboot Coach as an extension of Mazboot Pro.
Bundles
Mazboot Bundle is your complete service and includes Mazboot Pro as well as the supplements such as the Bolus Calculator and Mazboot Coach, a blood glucose meter from our cooperation partners and the needs-oriented supply of test strips (the automatic delivery of test strips requires actual measurements, i.e. only measuring and logging initiates an order and the corresponding supply of test strips). The availability and composition of the Mazboot Bundle is constantly being expanded.
1.1.5 Our user manuals (accessible via our apps or via our website) and the relevant special provisions (see section 8) emphasize any peculiarities for the individual Products.
1.2 Scope of our T&Cs
1.2.1 We exclusively offer all of our Products on the basis of the current version of these General Terms and Conditions (T&Cs), this applies globally with the exception of the USA and Canada. Mazboot explicitly opposes contradictory business or other usage terms.
1.2.2 Please note that before using our Products for the first time you must consent to all of the declarations and agreements referred to and accept them during any further usage. The registration and use of our Products are prohibited without your consent to our T&Cs.
1.2.3 We explicitly reserve the right to make future changes and factually justified modifications to our T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users. Such changes are possible at any time and will be published in an appropriate manner before they take effect, giving each User the opportunity to oppose them in writing within a month of their publication. If they are not opposed, the ongoing use of our Products is subject to the relevant new T&Cs.
1.3 Third-party suppliers
1.3.1 It goes without saying that you will find our Products in the app stores. In general, the business terms of the relevant third-party supplier (over which we have no influence) apply there; these are not part of our T&Cs nor our contractual relationship with you as the User of our Products. This also applies to the business terms and conditions of your mobile device or service supplier.
1.3.2 We work with various partners to ensure the optimal use of our Products. These include cooperation partners that supply us or our Users directly with certain Products (e.g. blood glucose meters, test strips) as well as insurance companies who may pay the cost of our Products for you. In these cases, we explicitly emphasize the applicable business terms of a third-party supplier or you must accept such business terms anyway before you can acquire one of our Products via a third-party supplier.
2. DATA PROTECTION
We are aware of the major responsibility that comes with your use of our Products. Not only do you provide us with general personal data but also with data on your health. In our Privacy Notice, we inform you about the use and protection of your data in connection with using our Products and on your consent required for this.
WITHOUT YOUR PRIVACY CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE IN LEGAL OR ACTUAL TERMS.
Our Privacy Notice is not part of these T&Cs but rather is only used to provide you with information under the GDPR on the basis of which you issue your consent for the necessary data processing.
3. CONCLUDING THE CONTRACT AND REGISTRATION
3.1 Purchase of and payment for our products
3.1.1 Our products can be purchased by various means:
Apps, services
App stores (such as Apple App Store/iTunes or GooglePlay) offer our products. Please note that to purchase (not: use) our products, the separate business terms of the app store apply and these may require a user account.
Our website has a login area and offers direct access to our products, in particular for the Mazboot Bundle.
Voucher codes for our products are in constant circulation and can be redeemed on our website.
Bundles
Therapy devices are sometimes sold jointly with our products. So you can, for example, pair your blood glucose meter and other therapy devices with our app.
Insurance companies (public and private) work with Mazboot to support persons with diabetes with our products. Costs of our products are paid by the insurance company either directly or reimbursed under your insurance tariff. You can find out from us whether your insurance company already cooperates with us.
3.1.2 You can purchase our chargeable Products on our website, via app stores or within our apps. They are paid for via the app store’s user account using the stipulated payment options. The relevant app store acts either as an agent and payment service provider for Mazboot or as a direct seller. If you experience problems with downloading or payment, please contact support@mazbootapp.com at any time.
3.1.3 Usage fees or purchase prices (including statutory value-added tax) must be paid – depending on the offer and selection – once or repeatedly (e.g. on a monthly, 6-monthly, or annual basis). The current fees are displayed in our app or the app stores and are due for payment in advance. If payment is not processed directly via the app store, we can send you invoices and payment reminders by email. In the event of culpable, late, or incomplete payment, we are entitled to block your access to our Products. Your usage fee payment obligation remains unaffected by this.
3.1.4 We explicitly reserve the right to restrict free Products at any time, stop them completely, or charge a fee for them. No legal right for the future can be derived from the free use of individual Products or parts thereof for a particular period.
3.1.5 Mazboot can also make special and free offers that are subject to additional conditions or restrictions. In this regard we explicitly refer to any variances from these T&Cs while otherwise the full content of these T&Cs remain applicable. Special or free offers cannot be transferred to other Users.
3.2 Registration and activation
3.2.1 The use of our Products requires your registration with Mazboot in our apps. As soon as you have activated our Product for the first time, you must register using an email address and password (Mazboot ID). Each User may only create one Mazboot ID and each Mazboot ID can only be used by one User.
3.2.2 By registering, the User agrees to his binding offer to conclude a contract with Mazboot for the use of our Products on the basis of the applicable version of these T&Cs. We explicitly accept such an offer, at the latest by activating your Mazboot ID or sending the ordered goods.
3.2.3 The activation is confirmed to you directly after registration by a separate email. We reserve the right to reject individual Users or their offer to conclude a contract without stating a reason. In such a case any payments already made will be reimbursed and User data provided deleted immediately.
3.2.4 Upon registration, the User confirms that he is at least sixteen years old and that applicable law permits him to conclude contracts. Only people with legal capacity are permitted to register. Minors are only permitted with the explicit agreement of a parent/guardian. A scanned copy of this written consent must be sent to support@mazboot.com. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in the name of the minor.
3.2.5 On registration, the User confirms their acknowledgment and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete; they are also obliged to regularly update their personal information. We reserve the right to contact Users at any time to verify registration data and usage information.
3.2.6 If the User provides false, incorrect, out-of-date, or incomplete information, or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, Mazboot is entitled to block the relevant Mazboot ID with immediate effect without prior notice and prohibit the use of our Products without being obliged to repay the User for the costs incurred.
3.2.7 The User must protect their registration data from unauthorized access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the Mazboot ID has been exposed to such a risk, this must be notified without delay to support@mazbootapp.com. We have the right to block the Mazboot ID of any User if it is used for wrongful or fraudulent intentions.
4. RIGHT OF WITHDRAWAL AND REVOCATION
4.1 Information on exercising revocation right
4.1.1 If you do not use our Products either for commercial or for professional purposes, as a consumer you are entitled to revoke the contract concluded with Mazboot under the following conditions:
REVOCATION RIGHT
Revocation right
You have the right to revoke this contract within fourteen days without stating a reason.
The revocation period is fourteen days from the date the contract was concluded (digital content activation) or from the date on which the consumer or a third party named by them other than the carrier, took possession of the goods (physical delivery).
To exercise your revocation right, you must inform us of your decision to revoke the contract using a clear declaration to Mazboot for Technology, Cairo Egypt, email support@mazbootapp.com (e.g. by email or post). You can use the enclosed sample revocation form but this is not required.
To maintain the revocation period, it is sufficient for you to send the notification of exercising the revocation right before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you, including any delivery costs (with the exception of additional costs that are incurred by your selection of a delivery method different from the lowest cost standard delivery that we offer), without delay and at the latest within fourteen days of the date when the notification of your revocation of this contract was received by us. We use the same payment method for this repayment as you used for the original transaction unless we have explicitly agreed on something different; under no circumstances are charges incurred due to this repayment.
Please note that if your health insurance has reimbursed you for the costs of revoked goods or services under the tariff, then your insurance company may have a corresponding claim for compensation.
We can refuse the repayment until we have received the goods or until you have provided evidence for having returned the goods, depending on which is earlier in time. You must return or hand over the goods without delay and in all cases within fourteen days from the date on which you informed us of the revocation of this agreement to Mazboot for Technology. The deadline is met if you send the goods before the end of the fourteen-day period. We will bear the costs of returning the goods.
You must only pay for any loss of value to the goods if this loss of value is due to handling the goods in a manner that is not necessary in order to check the nature, characteristics, and functionality of the goods.
If you have requested that the services should start within the revocation period, you must pay us the appropriate amount that applies for the services provided up until the date when you inform us of the execution of the revocation right for this contract, compared to the scope of the total services envisaged under this contract.
REVOCATION FORM
If you wish to revoke the contract, please complete this form and return it to
Mazboot for Technology
Cairo, Egypt
support@mazbootapp.com
I hereby revoke the contract concluded by me for the purchase of the following goods /provision of the following service:
Ordered on / received on:
Mazboot