Terms of Trade for the usage of www.medicment.com

1. Introduction

Arachne GmbH whose place of business is in Germany, Kelkheim / Taunus (hereinafter called Arachne) provides this Internet service solely under the conditions defined in these Terms of Trade.

The Terms of Trade are available in the Internet at the URL www.medicment.com. There they can be seen at any time and will be offered for reviewing in the moment of registering to the site to make use of the offered free of charge services. Additionally they will be offered again if any additional products or services are being ordered.

The user explicitely accepts these Terms of Trade when he starts to use this page or in case he purchases any products or services on www.medicment.com.

2. Begin and expiration of contract

2.1 The contractual relationship between the User and Arachne starts in the moment where the user registrates un www.medicment.com and receives access to all services with his login and password. We will explicitely point out that this is the moment and not the moment of an eventual payment, where the relationship starts.

2.2 Arachne preserves the right to check the user resp. the membership request and to decline where necessary.

2.3 Users can be excluded from the further usage of the services offered in www.medicment.com by Arachne, if and as soon as a substantiated and strong suspicion of misuse appears. Misuse is e.g. the attempt to try to get access to the data of other users or if during registration there will be entered wrong data.

The passing on of the individual access data - login name and password - to other persons leads to the exclusion from all services of www.medicment.com.

2.4 As sonn as the registration process is successfully finished, the user receives full Membership for a 6 weeks period. Within this time, all services are available to the new Member. Within these 6 weeks the required membership fee can be bought. Mempership period is 2 years.

2.5 After the end of this 2 years Membership period, all enhanced services which are reserved for Members only, will be blocked. This is valid in the case of the 6 weeks temporary Membership and if during the temporary membership the membership fee was not payed, too.

3. Scope of services, fees

3.1 The scope of services is described in the actual descriptions on the site www.medicment.com.

3.2 Usage of the basis services of www.medicment.com are free of charge. Basis for the purchase of any product or service is the registration as member in www.medicment,com and the payment of the membership fee for the 2 years membership period. Without being a member no products or services can be bought. During the temporary 6 weeks membership it is possible to purchase additional products or services.

The membership enables the member to use additional services of the portal www.medicment.com. These are described in the pages of www.medicment.com.

3.3 Arachne reserves the right to change fees without previous notice at any time. During the membership period Arachne grants for a non changed membership fee.

4. Maturity and Payment

Since the moment of being successfully registered in www.medicment.com, the new user receives a temporary membership for 6 weeks. Within these 6 weeks he can pay the membership fee at any time in the shop area.

Payments can be made using debit advice procedure (only in conjunction with an account at a German Bank Institute), credit cards or Euro bank transfer. In case payment happens using a credit card the entire process is handled from our actual partner (Telekurs Card Solutions GmbH - www.telekurs-card-solutions.com). The call of the payment software happens separately and outside the surrounding of the site www.medicment.com. All payment informations are not visible to Arachne - we only receive a statement if the payment was successfull or not.

5. Delay in payment, Expiration of membership

5.1 If the membership fee is not payed within the 6 weeks of temporary membership (counted from the moment of registering in www.medicment.com) or if the membership fee is not payed for the next 2 years membership period in time, all services which require the membership status will be blocked for this user.

5.2 Handling of the account balances of a member after membership expiration
5.2.1 During the 6 weeks temporary membership or during the 2 years membership bought SMS accounts are non-refundable. These account balances stay valid up to 12 months after purchase. They become obsolete after this 12 months. Within these 12 months the membership can be renewed at any time. If the membership is renewed, the SMS acoounts are available to the member again.

5.2.2 During the 6 weeks temporary membership or during the 2 years membership bought disk space is non-refundable. This disk space stay valid up to 12 months after purchase. It becomes obsolete after this 12 months. Within these 12 months the membership can be renewed at any time. If the membership is renewed, the disk space is available to the member again. If the membership was not renewed within these 12 months, Arachne has got the right to delete all files within this disk space.

5.2.3 Purchased Emergency Cards are non-refundable. If the temporary 6 weeks membershipt is not changed into the 2 years membership, the usage of the Emergency Card is deactivated after the 6 weeks of temporary membership.

5.3 During the temporary 6 weeks membership the member can set read/write permissions for third persons, natural or juristic ones (e.g. doctors or members of the staff of medical orientated organisations). If this temporary 6 weeks membership is not enhanced to the standard 2 years membership by paying the mebership fee, these read/write permissions will be cancelled.

5.4 From this moment on, the member can use the free of charge services of Medicment for his personal documentation and checks. All other services, which are reserved for Members only, are blocked.

5.5 This is valid for the expiration of a Membership, too.

5.6 Once these relations had been deleted, they cannot be re-established automatically. After the expiration of a membership and following renewal thes relations have to be established manually one by one.

6. Disclaimer of non-liability

6.1 Todays state of technology and science cannot provide anyone with a method to ensure that a software is free of errors. In consequence it is not possible to guarantee for a software to be error free. Thus we cannot guarantee that Arachne Software is fully error free, too. So it is possible that errors occur. Arachne GmbH takes therefore no liability that the Software or the displayed informations are free of errors.

6.2 Arachne takes no liability for collateral or instanteous damages, arising out of the usage of the Software. Arachne furthermore takes no liability, that the Software meets the requirements and purposes of the user and that it cooperates with other software packages, chosen by the user.

6.3 Arachne is liable only for these damages, which have been caused by Arachne, Arachne`s representatives or agent acting carelessly or intentional. Excluded from this are warranted qualities. This limitation in liability is valid as well for contractual as non-contractual claims. The liability according the german law for product liability stays unaffected.

6.4 Arachne is not liable for the correct behaviour of the used Internetsoftware, especially the used Browsers, IT specific or other Infrastructures or methods of data transmission in the Internet which are not in the area of responsibility of Arachne or their agents. Liability is limited to the payed Membership fee in any case.

6.5 Arachne denies any responsibility for such damages as may be connected with the services offered on the website www.medicment.com. Moreover, Arachne cannot be responsible for incorrect data in signings-up or records of users and for delays in transmission or failures due to technical problems. Arachne does not assume responsibility for possible misuse of information. Informations provided by the users of www.Medicment.com, whether they are personally or Documents, will not be verified regarding their authenticity by Arachne.

6.6 The values of the insulin calculator are deemed to be proposals and recommendations. Although correct mathematical determination of values is guaranteed, accuracy and further use of the proposals depend on other factors that Arachne and Medicment cannot influence. These include e.g. inadequate or incorrect basic values for the description of individual insulin resistance curve, errors in recording current level of blood sugar, errors in measuring when determining current level of blood sugar, wrong estimation of equivalent bread units of food intake, especially current or abnormal physical exercise, stress, or other concurrent diseases or infections (e.g. a cold). Users have to verify these recommendations of the insulin calculator regarding reasonabliness and correctness.

7. Data Protection

7.1 For the purpose of system-monitoring and tracking, so called protocol files will be stored. The protocol files are aimed to prevent unauthorized usage and facilitating identification of program errors. Storage and usage exceeding this extent is excluded. Any written access to parameters is recorded in the protocol so that it is possible to prove at any time, which value, by whom, when, from which source, has been changed.

7.2 Arachne points out, under section 33 BDSG (German Law), that personal data will be stored within the performance of the agreement. They will not be provided to third persons. Personal data will be processed or used only with the customer’s consent or if Arachne is obliged by statutory law to provide the information to third persons.

7.3 By making this agreement with Arachne, customer consents to the electronic saving of data.

8. Data Security

8.1 The servers are daily and thoroughly back-upped by Arachne. In occasional cases of total failure of the Arachne application, the data of one or more days may be, under unfavourable circumstances, lost. In this event Arachne restores the last disposable back-up.

8.2 Transmission of any data is made through the internet at the customer’s own risk and without any warranty of Arachne. Delays during the transmission are of technical origin and do no represent any deficiency.

8.3 Users and members are notified that all participants of the transmission path through the internet have an opportunity to gain information about the data found in the transmission and saved in the server. Users and members are aware of the risk.

8.4 Members may at any time completely delete all their data from the system by means of an order for activation of the respective menu. Non-members must delete individual sets of data manually and one by one.

8.5 Members may at any time export their data in various formats to local PCs. Non-members do not have this possibility.

9. Availability, Maintenance

The application of Arachne is normally available 24 hours a day, seven days a week. Arachne guarantees a 98% p.a. availability of the server and the stored data.

Arachne therefore does not assume any responsibility for non-stop availability of data and may use the remaining time for technical work.

In this respect, responsibility of Arachne for the loss of data caused by failure of the system as well as responsibility for interrupted transmission of data and other problems is excluded.

10. Technical Limitations

Arachne tries to support the current state of internet searching devices (Browsers) and internet technologies. However, Arachne shall not be held responsible if the programs it provides do not cooperate faultlessly with browsers (searching devices) used by customers.

11. Other Arrangements

11.1 Arachne is entitled to authorize third party service providers and junior dealers with providing a whole range of activities or their parts. Arachne is entitled to change the used internet infrastructure as well as authorized service providers and junior dealers at any time without any special notification, provided, however, that this measure does not cause any disadvantages to users.

11.2 The notifications by Arachne to users stated in these Trade Terms, as well as other important notifications in the course of business activities are sent to the email address provided upon registering into the Medicment application. The notifications are deemed delivered to the mentioned address at the moment of their receipt, their availability being thus secured, irrespective of the date when the user has actually read the notifications. By using the programs provided by Arachne, the user expresses his/her consent to these Trade Terms which become effective on the day of the first usage of Medicment. Arachne reserves the right to make changes of the Trade Terms at any time and to disclose these changes online. Customers undertake to regularly check the information disclosed online in order to be aware of further possible changes on time. By further usage of the programs provided by Arachne after being notified of the changes, customers express their consent to these Trade Terms as changed and amended.

11.3 For the changes in the agreement, amendments, and secondary arrangements to become effective, they must be made in writing, unless agreed otherwise in these Trade Terms. The requirement of a written form applies also in case of waiving this required form.

11.4 Arachne may decide at its own discretion, whether in the course of technical advancement it will, when providing services, make use also of newer or other technologies, systems, procedures, or standards, different from those it used before, provided, however, that this measure does not cause any disadvantages to users.

11.5 Where it is legally permissible, the place of jurisdiction shall be Königstein / Taunus (Germany). Authoritative law is that of the Federal Republic of Germany.

11.6 In the event that any provision of the agreement is invalid or becomes invalid, or if the agreement is incomplete, the remaining parts of the agreement remain unaffected. The invalid provision may be substituted by such a provision which, from the point of view of meaning and purpose, is closest to the invalid provision.

In case of any uncertainties which arise due to errors in translation, the German version of these Terms of Trade is the legally binding one.