Membership Agreement of HMM Diagnostic GmbH/ “hLine-Online.com”
- Application Area and Validity
The following membership agreement includes the basic rules which integral part of each agreement between HMM Diagnostics GmbH or rather between its online platform “hLine-Online.com” and the members mentioned benefits of hLine-Online.com.
In connection with the operating company of the online platform, HMM Diagnostics GmbH, Friedrichstrasse 89, 69221 Dossenheim, it will consecutively be talked about “HMM”, because the partner of the HMM are members of the online platform.
HMM will reserve to change the membership agreement at any time. Changes to this membership agreement will be announced via E-Mail or in a different suitable way and will come into effect after the set monthly deadline if no written objection by the member has occurred.
The membership agreement will also apply when the member uses the online platform from HMM or other areas of HMM through other websites, which enable a complete or partial access to HMM.
If not specially announced, the indication “member” refers to all users of the online portal. Naturally the male phrase includes the female form.
“Member” is every natural and juristic person, who registers for participation on HMM.
- Services of HMM, Memberships
3.1. Content and Services
hLine by HMM is a novel telemonitoring concept, which will improve the situation of patients doctors and other services sustainably. HMM is now presenting hLine with a number of smartLAB measurement devices for different areas of interest, the hFon collect, the hFon plus and a conclusive plan for a wireless data transfer.
With the help of the hLine chronically ill persons can measure their vital data without changing their habits. The data will be collected in the background and transferred to the corresponding portal hLine-Online.com. All data will be sent to your personal profile on hLine-Online.com. You can see your measured values not only as graphic, but you can also define your own goals.
Every member of HMM can in terms of an Opt-in define, which kind of extra information and in which form he wants to receive information from HMM.
There are two different kinds of memberships: a manual membership, where values are entered manually or a full membership with costs with a duration of 6 and 12 months. The active use of both possibilities assumes a successful registration of the user on the platform and a setup of the membership account.
The membership ends automatically according to the agreed duration, without the need of a separated denouncement. Full members will be reminded 14 days before expiration and will receive the possibility, to extend their membership. If the membership is not extended, the member will be deleted out of the database after one month for good. The member agrees explicitly that his personal data can be destroyed when deleted from the database.
It is possible to extend the membership until the final deletion after one month. Until then, the member is not visible for a third person in the online platform.
A member can at any time arrange the deletion from the data base and consequently arrange a notice of cancelation by sending a message through the contact form and selecting the relevant functions on the platform. When giving notice ahead of time the member cannot claim for refund, neither totally nor partly.
In any case, members are bond to voluntary give truthful and complete details while registration, if the relevant data needs to be entered. HMM will reserve the right to decline the details of a member without needing to give reasons.
A use and especially a membership is not possible for minor and other not sui juris or limited suri juris natural person through a passive use (“the surfing”), if the authorized representative does not agree to an active use and this way to a membership. A written relevant legal signed acceptance needs to be sent by mail to the operator of the platform. When given wrong information about birthdate HMM is not liable for those details.
The membership is with costs.
The membership fees for every service are prices in Euro including the sales taxes. The membership fees are communicated through online platform. HMM reserves the right to provide discounts for promotion purposes or in cooperation with other partners. New and/or existing members do not automatically benefit from these pricings.
3.4. Range of the services by HMM
The range of service by HMM can be read in the description on the online platform. HMM reserves to extend their services and to improve the current technique in ensuring the legitimate interest of the member. HMM is only in dept to make an effort in order to connect the members but not for success.
3.5. Definition of the services
The services offered by HMM are consequently and automatically configured referring to the responsibilities by mobile network operators. The member accepts possible necessary changes of the offer by HMM.
4.1. Connection to mobile network by mobile network operator
HMM enables the member an adequate technical connection to the service platform of the mobile network operator. HMM and other assigned services are therefore responsible for a moderate transfer of the content of the mobile network services from HMM to the member.
4.2. Operative reliability of mobile networks
Members note that the engaged services use the mobile networks of the approved mobile network operators for processing. HMM assumes no liability for direct or indirect damage to the member or a third person, which have occurred according to mobile network disturbance. HMM is especially not responsible for delayed or blocked data transfer via SMS/E-Mail.
4.3. Maintenance and technical support
HMM tries to keep up a smooth operation of the platform, but can not guaranty a permanent availability and use of service. There can be no allowances made to HMM when a temporary unavailability occurs.
HMM ensures the maintenance that is required for an adequate use of the online platform and the mobile service. Members can contact HMM via E-Mail or the contact form and will be supported technically and other requirements during the office hours (Monday to Friday 08.30 oclock till 17.00 oclock) as far as possible. HMM reserves its right to refer the member to the producer of the hardware, third party services or network operators.
There are regular and announced maintenance times by HMM, when certain functions are possibly not available. During unplanned system failures HMM is keen to repair these as soon as possible. HMM is not liable for any discomfort or damage for the user or member due to the maintenance or unplanned system failure.
4.4. Latest status of technical solutions and compatibility with newest technologies on the market
HMM is anxious to enhance their technical solutions if possible and to offer the member mobile solutions that are compatible with the latest technical possibilities of the market participants (mobile network operators, manufacturers of mobile phones).
- Usage rights to adjust content
5.1. Right of Use
Every member, who adjusts content on the platform grants HMM simple, regional and temporally unrestrained usage rights in connection with the coverage of the service. Especially the member allows HMM to adjust respective content on to the platform and to conduct required duplication. In addition the member entitles HMM to edit content for the purpose of presentation especially to generate short versions of texts and smaller versions of photographs (“Thumbnails”) and to present these on the platform (active member, new member etc.).
For granting HMM the rights of use the member will not receive any commission. In return for granting these rights HMM will present the content on its Internet platform. The parties accept this return service as a suitable commission.
- Data Privacy
6.1. Effective data privacy regulations
One goal of HMM is to obtain and secure the online platform members privacy in the highest possible way. Out of basics setting only a minor part of personal data is visible for other members: Username, Avatar and if applicable the habitation. All remaining details are only visible if activated by the member himself.
The contact between the members among one another (in this case between Mentee and Mentor) take place in the intern inbox. This way the identity is secured – unless you reveal these to the other members.
6.3. Access to data by a Mentor
If a member instructs a Mentor to couch him, this member gives the Mentor permission to access his data. The permission is given in two ways. The member instructs the Mentor to register him on the portal or accepts a request from a Mentor. The member can withdraw this permission at any time.
6.4. Transmission of data to third person
If HMM operates with a third party to generate their services, HMM is authorized to transfer the data according to the data policy if these are required to secure the business and if protective interest of the member is not affected.
All content on the platform and messages, which have been generated by HMM in form of SMS or Newsletter, are conditioned and published carefully. Anyhow HMM assumes no liability if a member takes any damage based on information on the platform, in the newsletter or any other information generated by HMM.
Every member is personally responsible for any widespread content in his messages through or about HMM. If misusage occurs HMM is authorized to suspend the service and to block a member immediately without sending any information to the member. In this case the member does not have the right of refund of the membership fee, neither totally nor partly.
The member keeps HMM in case of violation completely harmless.
The member is responsible at any time for his generated content on his profiles, messages, self-written SMS or contributions written in forums. If accessible, he is also responsible for messages in form of a newsletter.
The code of honor, like described on the HMM website, is binding for members.
HMM is released from its service, if a member uses the SIM-Card, which should be used for data transmission, for another hardware not corresponding with the portal and the permitted data amount is outrun.
- Illegal content
Members are alluded that certain content is forbidden, because they violate the law. Such content cannot be created, adjusted, kept, spread, sold, displayed, offered, showed, access gained or provided. HMM forbids the members to send out erotic content using HMM services. Forbidden are also defaming, deluding, miss understandable, abusive, pornographic, racist, advocating violence, threatening or unsettling content. In case of violation in the above named areas, the member hast to pay a contract penalty of 10.000 Euro to HMM and his membership will be blocked and deleted for good.
Furthermore the member is committed not to threaten, harass or impinge other persons rights (including personal rights); not to upload data, which contain a virus (infected software) or software or other materials which are secured by copy right unless the member has the copy rights or the required agreement; to use the service in a way which would have a negative influence on the offer for other members; not to brace E-Mails or try to brace them; not to send E-Mails to other members for private communication reasons only and especially not to offer products or services to other members (excluding as instructor and therefore explicit allowed by the operator); not to send any chain letters; not to send messages, which serve for commercial purposes.
HMM reserves the right to refuse content of users or to delete these without further announcement. Members and users do not have the right to claim for adjusting content or its distribution through the platform.
- Confidentiality of entrance codes
Every member is committed to allow the accepted principles of data security, especially to keep passwords a secret and respectively to change them (even if asking HMM) if any assumption exists that an unauthorized third person might have acknowledged the password.
- Suspend sanctions of services
HMM is authorized to suspend services of the member without warning if the member seems to illegally use the services, if the member does not abide to the contractual membership agreement or if demanded by a mobile network operator.
Suspending the services is especially possible, if the member uses the SIM-Card in an unauthorized and not to the portal belonging hardware.
HMM is not liable for direct or indirect damage, which occur when suspending the services from the member.
- Conditions of payment
Starter packages are sold via hShop www.hShop.info. The conditions of payment of the hShop apply here. A payment through the portal is possible when the membership is extended according to Ziffer 3.2.
- Generating a contract
A contract comes into effect when successfully registered a membership on the online platform of HMM.
- Legal venue and applicable law
(1) Legal venue for all contract relations and in this membership agreement direct or indirect arose conflicts reside for HMM and the member at the responsible court at the place of business of HMM in the individual active ministered markets. German law applies here.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) In future disputes between consumers and merchants in connection of online sales contracts or online service contracts should be settled via a provided online plattform by the European Commission. The platform has not yet been reached, this should be done with the present state to 15.02.2016. Accessible the ODR platform will be at the following link: http://ec.europa.eu/consumers/odr
- Severability Clause