December 3, 2014

Lessons for People New to Type 2 Diabetes, Part 15

This will be the next to last blog in the series. After checking the mySugr website a little more thoroughly and looking at the Facebook page, I know that I will not join. Then another blogger had this to say and a different approach to the website. This is how I learned that the site was selling apps to view the videos that were beyond the free introduction videos. This was when I stopped doing more searches.

The following is what I learned on their Terms of Service. I will quote some of this for your information.
3. Downloading the Apps
mySugr offers Apps to the client, namely software that can be downloaded onto his end device. The conditions for downloading the app will be shown on the screen of the end device. The App is necessary in order to use mySugr’s services. The client acquires a non-exclusive right without temporal and geographical restrictions to save a copy of the App for his own purposes on his end device. Updates to the App must be expressly agreed to by the client; such consent may also be provided in advance. The Apps, in their entirety, are owned by mySugr and protected by copyright.
4. Contract for services
Upon registration, the client makes a binding contractual offer which can be accepted by mySugr by activating its services. During the registration process the client must make his name and email address known. The activation takes place via a confirmation email from mySugr, whose instructions are to be followed by the client. mySugr is authorised to refuse the client’s offer without having to provide any reasons.
5. Right of withdrawal
Once activation has been initiated mySugr shall begin executing its services within a maximum of 12 hours. At the time of the activation there is no right of withdrawal (§ 5e Consumer Protection Act, § 5 f Clause 1 Z 1 Consumer Protection Act). In accordance with the regulations of § 5 e Consumer Protection Act the client has the right to withdraw from contracts within seven working days after receiving the goods / from the date of the contract in the case of service contracts. Saturdays do not count as working days. No justification must be provided for the withdrawal and it must in writing; timely dispatch suffices to meet the deadline.
6. Services
Continuously using the services allows the client to gather or get information on his diabetes disease; the services should help increase the client’s awareness. Analysis of the data gathered in this way is the responsibility of the user and his doctor. mySugr expressly indicates to the client that the App cannot replace a medical consultation. mySugr always recommends discussing any questions concerning the disease and its therapy with a doctor. The services are not a recommendation. mySugr does not draw any conclusions from the data results that the client has collected and makes no recommendations.
7. Payment
The usage fee or purchase price shall be calculated by the Online Store. The usage fee or purchase price is payable with immediate effect.
The price information concerns monthly usage charges. Monthly usage charges are due, so long as not otherwise agreed, on the first of every month in advance.
The Online Store shall send the client a receipt which lists the product, the price and mySugr as seller. The purchase and payment process shall take place via the client‘s Online Store account. The Online Store’s GCU, over which mySugr has no influence, apply.
Suspended access due to non-payment:: mySugr retains the right to suspend a client’s rights to the services in instances of non payment or partial payment. The client’s obligation to pay a usage charge remains unaffected.
8. Duration
Unlimited duration: Unless a limited contractual period is indicated on the screen, it is agreed that the provision of services will run indefinitely. A contractual relationship concluded for an indefinite period can be ended by either party by giving 14 days notice.
Limited duration: Prior to the end of a limited contractual period, the client shall be informed of the possibility of an extension. The contractual period will not be automatically renewed. There is no valid future legal claim for free provision of services over a fixed contract period. mySugr reserves the right to revoke such a free subscription at any time.
Free services: mySugr reserves the right to limit free of charge services, to cease them or to make them payable.
9. Availability
mySugr shall perform all services in accordance with the existing technical, economic, operational and organisational possibilities. As a result, mySugr provides no guarantee in connection with any interruptions, disruptions, delays, cancellations, failed transfers or storage failures related to the use of services or communication with the client.

3. Right of Withdrawal
1. According to § 5 e of the Consumer Protection Act, the user has the right to withdraw from a contract within 7 days, starting from the date upon which the goods were delivered to the user or, for service contracts, from the date the contract was concluded. Saturdays are not working days. No reason must be given for the withdrawal but it must be made in writing; timely dispatch suffices to meet the deadline. There is no right of withdrawal when goods are electronically sent as data. In addition, the right of withdrawal does not apply to the delivery of audio or video recordings or of software, where the user has unsealed the delivered data media.
2. In the event that the user exercises the right of withdrawal, he must return the goods if it is possible to send them by post. In this instance the user bears the costs of returning the goods.”

You are welcome to read the entire terms of service on the website.

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