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General Terms and Conditions

go4health  GmbH (FN 421654)
Neuer Markt 1/Top 14, 1010 Vienna, Austria

go4health GmbH is an IT service provider and mobile service provider specialising in the sale of fully automated software- and hardware-based health and sport systems including corporate mobile health solutions for individual use.

These general terms and conditions build the legal basis for the (user) contract to be concluded between go4health and the registered members or other users of the website “go4h-framework”.

§ 1 Definitions

Due to their frequent use in these general terms and conditions, the following terms are defined as follows (Definitions of terms always include the singular and plural of the quoted terms):

General terms and conditions: These terms and conditions in the respective applicable version.

Authorised users: The groups of users defined in § 6 sec. (7); employees of go4health are only categorised as authorised users when they are health managers.

WHM officials: Those responsible for the workplace health management.

App: Mobile application related to the “go4h-framework website”.

“go4h-framework” or website: Website used to provide, market and distribute the product (see below) and the related apps commercially.

Intellectual property: Intellectual property of go4health including copy rights, trademark rights, designs and additional know-how which is capable of being protected.

Coordination/interface account: Member account of authorised users with access to data of one or more members they support.

Member: Any natural or legal person (including employees of a company) at home and abroad registered properly on the website.

Member account: Individual account created during the registration of a member.

Product: The product “go4h-framework” including the website and related apps or external devices, sensors and/or equipment (wearables) recommended by go4health.

go4health: go4health GmbH, Neuer Markt 1 Top 14, 1010 Vienna, Austria

Websites: Websites of go4health GmbH www.go4h-framework.com on which business- or product-related information is to be found.

§ 2 Applicability

(1) The terms and conditions in their respective applicable version regulate the legal and economic framework conditions for the use of the product and “go4h-framework” as well as related subdomains by the members. (General) terms and conditions of a member do not automatically become part of the contract, unless acknowledged in writing by go4health in individual cases.

(2) Contractual deviations from the general terms and conditions in individual cases require explicit written consent by go4health. Members are notified of supplementary terms of the contract. They accept them through the registration on their member account or any other use of go4health or “go4h-framework” services.

§ 3 Conclusion of contract

(1) Contracts with go4health are concluded by offer and acceptance. The registration on the “go4h-framework” is considered a binding declaration of acceptance by the member.

(2) Users have a period of 2 (two) weeks to withdraw their legally binding contractual declaration without giving any reasons. By clicking on the Request account deletion button on the member’s profile, you can cancel your membership in a legally binding way. The data stored in the member account at that time will be deleted irrevocably within 1 (one) month.

(3) Offers by go4health to conclude a contract are always non-binding. Advertised products or services in brochures, online or other documents, and advertising material do not constitute a binding offer.

(4) In case of reasonable doubt concerning identity, legal capacity or legal entity of the member, the representative power of a person acting on behalf of the member, or if the establishment or maintenance of a contractual relationship is unreasonable, go4health is entitled to decline the conclusion of a contract or to rescind the contract at any time.

§ 4 Subject matter of the contract and scope of service

(1) After the registration on the website, the member is entitled to use the product under the herein regulated conditions. The member is aware of the essential features of the product from relevant information on the websites as well as from product brochures when applicable.

(2) Services of possible partners or subcontractors (so called involved third parties) are excluded from the scope of application of these terms and conditions and fall outside of the responsibility of go4health. The same applies to the use of soft- and/or hardware of third parties, for which go4health assumes no liability.

(3) If the services to be provided by go4health prove to be impossible in accordance with the contract for legal or factual reasons, this fact must be disclosed to the member immediately. go4health can refuse the execution of an order if the impossibility of service provision is due to a failure of the member, behaviour contrary to the contract of the member, or behaviour of the member preventing the provision of the service. In this case, the member must compensate go4health for all costs and expenses incurred for the activities until that time.

§ 5 Services, duties of the members

(1) The member is prohibited to use software, data or (technical) equipment which might result in any potential impairment of the functionality of the product and/or website. The same applies to the use of the member account.

(2) Changes to the system prerequisites in the ambit of a member must be disclosed in due time before the provision of service by go4health. If required, the member provides all necessary documents, information and equipment needed for the proper provision of service by go4health within their ambit in a timely manner and free of charge.

(3) Members allow go4health to include the company name as well as a logo or brand, when applicable, in their list of partners or references and to publicly announce their business relationship with go4health.

§ 6 Use of “go4h-framework”

(1) The website offers access to products and services within the scope of workplace health management by go4health through user interfaces. A detailed description of the services, explanations of the features of the individual products as well as the objectives of the “go4h-framework” programme are to be found on the websites.

(2) For the purpose of interactive corporate health care, “go4h-framework” is at the disposal of different user groups including members, WHM officials, coaches and management (who usually access the website through their human resource department). The exact information concerning circles of users, their usage authorisation and the usability of the website are to be found on the websites.

(3) The registration on the “go4h-framework” is reserved to unrestrictedly competent, natural or legal entities. In addition, the use of the website is only permitted within the intended scope of functions, where operational instructions available for the members must be respected.

(4) During the registration process on the website, each member has to provide a first and last name, a valid e-mail address as well as an anonymised password (after consultation with the management, the use of the company account assigned to the member is permitted and intended). In individual cases, the possibility of anonymising the name provided during registration to the management (the human resources department) remains reserved. The choice of the e-mail address shall not be contrary to any governing law, accepted principles of morality or third-party rights. Furthermore, the e-mail address shall neither include the term go4health or a similar term which could be associated with the company go4health or their services, nor an internet address or other contact information (e.g. phone number).

(5) The privacy and proper use of the e-mail address and password is solely incumbent on the member. The use of someone else’s login data and passwords are not permitted except after an explicit authorisation by the affected member.

(6) The data voluntarily provided by the member during the use of the website (e.g. data concerning age, weight and the like) is to be stated completely and truthfully and to be kept up to date.

(7) The member consents to the inspection of user data and its use by so called authorised users (including the user groups of coaches, WHM officials) by accepting go4health’s data protection regulation (www. go4h-framework.com/disclaimer). In addition, the management (within the meaning of § 6 sec. 2 above) is entitled to inspect non-personalised processes and statistics relevant to the company. Furthermore, coaches and WHM officials can support multiple members and communicate with them via so called coordination/interface accounts (e.g. to coordinate appointments). The use of member and/or coordination/interface accounts is subject to the responsibility of the parties involved. go4health assumes no liability for the content communicated via the member accounts and/or coordination/interface accounts or misuse of data.

(8) Each member has to immediately inform go4health about any non-authorised use of the website or of the e-mail address provided during registration as well as about any other violation of the terms of use, obligation to secrecy or data protection of which they are aware. If go4health, however, has concrete grounds for believing that a third party uses the access to a member account without authorisation or violates the terms of use, they are entitled to block the access to this member account until the matter is resolved.

(9) Members and authorised users are only entitled to use the website as well as member or coordination/interface accounts for the agreed intended purposes and to the extent of the purchased authorisation of use. Accessing functions and databases outside of the operating screens and interfaces (e.g. with the help of third-party software) is prohibited. go4health is to be indemnified and held harmless for any damages caused due to non-compliance with the contractual terms of use. This applies in particular for the violation of possible copyrights or other intellectual property rights by go4health or third parties. Any commercial use, adapting and/or changing of the member account or provided content via various apps, including training programmes and exercises, videos etc., which are only provided for the individual use of the product by go4health or an authorised user, are therefore prohibited.

(10) Members who participate in the “go4health” programme with their own mobile device, smartphone and or their own SIM card bear all related telecommunication costs themselves. Each member acknowledges and approves that the use of go4health’s products and services can require the transmission of a significant amount of data, meaning that an economically viable use of the services posits an internet flat rate.

(11) In case the terms of use are disregarded, a violation against legal (data protection) regulations occurs, or after the revocation of the declaration of consent to the use of data, go4health is entitled to annul the login data of the member concerned temporarily or definitively at their own discretion. Member accounts are non-transferable unless go4health explicitly agrees in writing.

(12) The use of electronic or automated apps (e.g. Webcrawler, Robots, Spiders etc.) is not permitted – regardless of their configuration or utility.

Please note:

The website “go4h-framework” and the services offered serve as a means of support for the member’s health and overall sense of well-being and are generally included in the workplace health management. The recommendations and suggestions given to the member in the scope of their use of “go4h-framework” are based on the declarations the member made during the registration and while using “go4h-framework” and on general medical understanding and experience. go4health and “go4h-framework” cannot control the correctness of the declarations made by the member!

The offered services on “go4h-framework” as well as the products available to the member neither include medical treatment nor a different kind of health consultation and cannot substitute such services partially or as a whole. Above all, the registration on the website and the participation in the”go4health” programme are not suitable to replace a visit to the doctor. Therefore, it is recommended for every member to consult a doctor on medical issues.

“go4h-framework” has the objective to provide members with access to supplementary (non-medical) health care.

The registration on the website is entirely voluntary. Members can delete their membership at any time and revoke a previously stated declaration of consent to the processing of personal data with future effect. In this context, explicit reference is made to the go4health data protection regulation (www. go4h-framework.com/disclaimer).

§ 7 Special regulations for authorised users, coaches & WHM officials

(1) Coaches and WHM officials are authorised users with access to a coordination/interface account who are, on behalf of go4health or a company which participates in the “go4h-framework” programme, responsible for the personal support of a member (employee at a company) or of a certain group of users. Via the coordination/interface account, authorised users have access to certain personal data of the members they support.

(2) Authorised users are responsible for their own work and are not subject to any directives from go4health. go4health assumes no liability for the behaviour and work of an authorised user (see § 8 sec. 5).

(3) Authorised users shall only use (process) the members’ personal data for the individual support of a member. Their use for any other purpose is prohibited. Authorised users are obliged to keep all personal data of members strictly confidential. Any disclosure of such data to third parties without previously written consent by the person concerned is prohibited. For authorised users (coaches, WHM officials) who were employed by a company participating in the “go4h-framework” programme, the obligation of secrecy also applies towards members and managers of this company. Members and authorised users are made aware of the relevant content of Go4health’s data protection regulation (www. go4h-framework.com/dislciamer).

§ 8 Warranty, liability

(1) go4health accepts warranty for the product features which the members have access to via the website and certain product brochures. It cannot be guaranteed that “go4h-framework” is available uninterruptedly and free from error. Particularly network failures, bugs, maintenance work or other inevitable events beyond the reasonable control of go4health can lead to the interruption of provided services.

(2) go4health’s warranty does not include

(a) errors concerning the hardware, operating system or the software of possible involved third parties;

(b) application errors caused by the member which could have been prevented by the correct and diligent use of the product (“go4h-framework”);

(c) virus damage or other external impacts such as fire, accidents, power failure, etc. which are not attributable to go4health;

(d) unauthorised changes of the system environment for which the website and member account have been configured.

(3) In accordance with legal regulations, go4health is only liable for any damages caused by bodies, employees, proxies or other people under contract instructed to provide services to a member if intent or gross negligence can be proven. Liability for slight negligence is precluded except in case of damage to life and limb.

(4) go4health assumes no liability for damages which are the result of the inappropriate use or the use contrary to agreement of the website, individual products or the member and/or coordination/interface account. Any liability for a certain success or the achievement of personal objectives when using the product is also precluded.

(5) Besides the direct (contractual) service provision by go4health, the client can also be provided with the product including the marketing of hardware (wearables) by, among others, independently operating (associated) third-party providers (e.g. web designers, network operators, alternative (service) providers, producers, sales companies) or authorised users. Such third-party providers and/or authorised users (§ 6 sec. 7) are not classified as proxies and/or servants of go4health within the meaning of §§ 1313a or 1315 ABGB (General Civil Code of Austria) and therefore, go4health does not assume any liability of their actions towards a member.

(6) In connection with the provision of “go4h-framework”, go4health exclusively operates as “application service provider”. The updating and adapting of the (user) data in the member account remain within the area of responsibility of the member. Therefore, members and authorised users are solely responsible for the content they post on a member or coordination/interface account which is not reviewed by go4health.

(7) go4health does not take any responsibility for the unlawful or unfair use of products by the member. Members using the website who possibly upload and download content act at their own risk.

(8) Events of force majeure, which substantially impede contractual services or make them impossible, entitle go4health to postpone the realisation of contractual obligations for the duration of the obstruction and a reasonable restart period. Force majeure events include strikes, lockouts, official intervention not attributable to go4health and similar circumstances insofar as they are unforeseeable, unable to be influenced, severe and not at the fault of go4health. In these cases, go4health also assumes no liability.

§ 9 Granting of rights and use

The intellectual property of the product and all related services are the sole and unrestricted property of go4health. Members are not entitled to edit, change or adapt go4health’s software in any way; to pass it on to third parties; to connect it with other programmes via means other than the intended interfaces or decompile it into another display format; to delete, circumvent or change any copy protection or protection mechanisms, programme elements, security codes or features (proprietary notices, trademarks, copyright notice) serving to brand the product (above all the website) which are part of the digital rights management (DRM).

§ 10 Data protection

(1) The provision of services and products by go4health to members requires the processing of personal data. This can include sensitive data within the meaning of § 4 Data Protection Act 2000. Nature and extent of the data processing are described in go4health’s data protection regulation (www. go4h-framework.com/disclaimer) which the member acknowledges and accepts.

(2) Only the member is responsible for any sensitive or non-sensitive personal (user) data transferred, used or processed by go4health in the scope of the service provision.

§ 11 General

These terms and conditions are subject to Austrian law. The application of the UN sales law is excluded. For any disputes arising under or in connection with the general terms and conditions, the contracting parties agree on the jurisdiction of the objectively relevant court at go4health’s registered address.

 



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