General Terms and Conditions »LifeBonus Pflege Pro«

 

3.3 Pregnancy

If you are pregnant or suspected of being pregnant, this must be indicated in the app for caregivers. In the event of a pregnancy or suspected pregnancy, LifeBonus has the right to block the user from certain areas of the app for the duration of the pregnancy, without the user making any claims, and to refuse the user to use these areas. 

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3.4 Carrying out normal work activities without restriction

The basic requirement for unrestricted use of the app for caregivers is that the user can fully pursue their normal work activities. If the user is unable or does not feel able due to an illness or medical prescription, this LifeBonus must be reported and stated. LifeBonus then has the right to block the user from areas of the app for carers without any claims on his/her part (user:in) and to refuse him/her use of these areas. 

 

3.5 Pausing Training and Education

In particular, the app for caregivers should be paused when: 

• severe pain

• swollen or overheated joints

• fever

• general feelings of illness

If pain, discomfort or loss of function occurs during or after the use of the app for caregivers, the training and education should be discontinued and, if necessary - at your own discretion - a doctor should be consulted. The:The user is obliged to inform LifeBonus if any of the above-mentioned complaints should arise during the execution of exercises or training. 

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4. Content of the service

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The user has the opportunity to read the scope of services in the instructions for use. The user can find the instructions for use in the app in his/her profile under the menu item "Help". In summary, the service consists of movement training (which consists of knowledge transfer and movement units), mental training, the news feed/home and a messenger, via which the:user:can contact LifeBonus. LifeBonus is committed to delivering the defined benefits as described in the Instructions for Use.

 

​Due to the individuality of each individual user in terms of physical condition and health, the performance of LifeBonus does not include the success of the programs offered. Because this success depends on numerous factors over which LifeBonus has no influence.

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5. Conclusion of contract and right of withdrawal

 

5.1 Conclusion of contract for license of use 

Licenses to use the app for caregivers can be purchased from the LifeBonus online store at https://www.lifebonus.health/egopayer. To use the license, the caregiver app must be downloaded from the App Store or Google Play Store.

 

​By clicking on the "Order for a fee" button, a user makes a binding offer to conclude a purchase contract for the license (code) displayed in the shopping cart in the form of an order. A prerequisite for the effective submission of such an offer is that the user has full legal capacity. Before ordering, the content of the shopping cart can be checked again and the order can be corrected or changed. As soon as the order has been received by LifeBonus, the user will receive a corresponding confirmation of receipt from LifeBonus via an automatically generated e-mail. This confirmation of receipt does not yet represent acceptance of the offer made with the order to conclude a contract. A contract with LifeBonus is therefore not yet concluded with the confirmation of receipt.

 

​When placing an order in the LifeBonus online shop, the following technical steps are carried out:

 

​Click on the "Checkout" button in the displayed shopping cart; Alternatively, there is the possibility of direct forwarding to PayPal or ApplePay;

 

By clicking on the "Checkout" button, you will be redirected to the general order page, on which you will go through the individual purchase steps below;

• Step 1: Enter the "shipping details" (in the event that a user does not have a customer account and is logged in; otherwise the shipping details are stored); 

• Step 2: Choosing the shipping method; 

• Step 3: Choice of payment method 

• Step 4: All products in the shopping cart are displayed in an overview; it is possible to change the content of the shopping cart and to correct any input errors; 

• Step 5: Completion of the order by clicking on the "Order with costs" button. 

A license agreement is only concluded when LifeBonus has expressly declared acceptance of the order or when LifeBonus has provided the license/code. The order can only be accepted by LifeBonus up to the point at which a user can reasonably expect to receive a response from LifeBonus under regular circumstances.

 

​When submitting an offer via the online shop, the text of the contract will be saved by LifeBonus after the contract has been concluded and sent to the user in text form (e.g. email, fax or letter) after the order has been sent. LifeBonus will not make the contract text accessible beyond this.

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5.2 Right of withdrawal 

If a user concludes the contract for purposes that cannot be attributed to either his/her commercial or his/her self-employed professional activity and is therefore a consumer, the user has a statutory right of withdrawal according to the following provisions to.

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Cancellation policy 

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Right of withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

 

​In order to exercise your right of withdrawal, you must inform us

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LifeBonus Gesundheitsmanagement GmbH

Flughafenstraße 1-3, Airport Plaza (Haus C, Ebene 3)

22335 Hamburg

e-mail: info@lifebonus.health, Tel.: +49 (0) 40 5075 3733)

 

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

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Consequences of revocation 

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. 

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Sample cancellation form 

(If you want to revoke the contract, please fill out this form and send it back.)

 

​To LifeBonus Gesundheitsmanagement Gmbh, Flughafenstraße 1-3, Airport Plaza, Building C, Level 3, 22335 Hamburg, info@lifebonus.health:

 

     I hereby revoke the contract concluded by me (*) for the purchase of the app for caregivers

 

     Ordered on (*)/received on (*)

 

     Name of:the consumer:in

 

     Address of:the consumer:in

 

     Signature of:the consumer:in (only for notification on paper)

 

     Date

 

 

 

---

 

(*) Delete where not applicable

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6. Prices and payment 

The prices stated in the online shop include the statutory VAT and other price components, if applicable. Payment can be made with one of the following means of payment: 

• Credit card 

• Giropay 

• Immediately 

• PayPal 

• ApplePay 

 

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7.  Operation of the Service Offering

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7.1 Availability

The provider's range of digital services is generally available 24 hours a day, seven days a week. LifeBonus makes every effort to ensure the proper operation of the Services.

 

​However, given the current state of the art, despite the greatest care and conscientiousness, program errors and systemic faults cannot be ruled out with certainty. In particular, maintenance, security, or capacity issues, as well as events beyond LifeBonus' control (such as disruptions to public communications networks, power outages, acts of God, etc.) may result in loss of use. It is also not possible to use software or services that detect every malicious software (virus, malware, etc.) that is present. Even if the system is running properly, LifeBonus cannot guarantee 100% availability.

 

​The hardware and software used and the technical infrastructure can also have an impact on the range of digital services.

 

​Insofar as such circumstances affect the availability or functionality of the service provided by LifeBonus, this has no effect on the contractual compliance of the services provided.

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8. Modification and further development of the app for caregivers

LifeBonus will make changes to the Caregiver App to ensure the provision of the Caregiver App in accordance with the Agreement and updates required to do so.

 

​LifeBonus strives to continuously develop the app for caregivers. LifeBonus therefore reserves the right to make changes to adapt the system to the state of the art, changes to optimize the system, in particular to improve user-friendliness, and changes to content, provided the latter are for the correction of errors, for updating and completion, for program optimization or from are required for licensing reasons. Such changes will not incur any additional costs for the user.

 

​If such a change leads to a not only insignificant impairment of the user's ability to access the LifeBonus App or the usability of the LifeBonus App by the user, LifeBonus will inform the user of the change in good time before the time of the change. In this case, the user has the right to terminate the contract of use in accordance with Section 327 (3) of the German Civil Code.

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9. Customer Obligations

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9.1 Duty of Confidentiality 

The user must keep his/her access data, in particular the password he/she has chosen, secret at all times and prevent any access by third parties. The user is obliged to inform LifeBonus immediately if there are indications that the access data can be used without authorization. The user is liable for any misuse. 

 

9.2 Accurate Reporting of Data 

The user is obliged to answer all information requested when registering the customer account and answering health questions correctly, completely and truthfully. This applies to every query that takes place in or in connection with the app for carers. In the event of intentional incorrect selection and incorrect data, LifeBonus reserves the right to suspend the user's customer account and to demand compensation for any damage incurred as a result.

 

9.3 Shooting videos

As part of the movement analysis, the user shoots a video of himself and an affected resident with his mobile device in order to send it to the LifeBonus health experts within the app.

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The user may only shoot the video if the resident concerned in this video has been informed about the shooting by him/her and the resident has unlimited legal capacity and is not under supervision.

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9.4 Non-Commercial Use

The app for carers is aimed exclusively at consumers. The content of the service offering, which is made available by LifeBonus, may only be used or reproduced for personal and non-commercial purposes. Any dissemination of the content is expressly prohibited without the express written consent of LifeBonus.

 

9.5 Due Diligence and Reporting

For their own safety, the user must perform the exercises and movements indicated by LifeBonus with due care and in accordance with the LifeBonus instructions.

 

​The User shall promptly notify LifeBonus of any medical condition, illness, physical characteristic, or the like, which in any way conflicts with and/or is inconsistent with the exercises and/or movements indicated by LifeBonus to bring knowledge. The customer has the same reporting obligation if the exercise and/or movements indicated by LifeBonus include the customer in question who has been ordered by a doctor or therapist to refrain from doing so.

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10. Accessibility

​The app is not barrier-free and therefore not suitable for users with visual impairments.

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11. Liability​

Warranty claims in the event of defects result from the statutory provisions.

 

​LifeBonus is liable without limitation for damage resulting from injury to life, limb or health that is based on a breach of duty by LifeBonus or the legal representatives or vicarious agents of LifeBonus, as well as for damage caused by the lack of a quality guaranteed by LifeBonus or by fraudulent behavior . Furthermore, LifeBonus is liable without limitation for damage caused intentionally or through gross negligence by LifeBonus or one of LifeBonus' legal representatives or vicarious agents.

 

​In the event of a breach of essential contractual obligations caused by slight negligence, LifeBonus' liability is limited to the foreseeable damage typical for the contract, except in the aforementioned cases. Essential contractual obligations are, in abstract terms, those obligations whose fulfillment is essential for the proper execution of a contract and on whose observance the contracting parties may regularly rely. For the rest, liability of LifeBonus is excluded.

 

​Liability based on mandatory statutory provisions, including those of the Product Liability Act, remain unaffected by the above provisions in any case.

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12. Set-Off and Retention​

The right to set-off is available to a: User:in only for claims that are undisputed or have been legally established.

 

​A user can only exercise a right of retention if it is based on the same contractual relationship.

 

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13. Blocking of Access​

LifeBonus reserves the right to suspend the user account in the event of reasonable suspicion of improper use or material breach of contract. The user must be heard immediately. If the suspicion can be dispelled, the suspension will be lifted again. Otherwise, LifeBonus is entitled to block the user account.

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14. Copyright Notice​

The contents of the app for carers (e.g. videos, audio, images, texts, software, algorithms and user interfaces) are protected by copyright. Their use is subject to the applicable copyrights. Any unauthorized re-use hereof requires the express written consent of LifeBonus.

 

​Passing on or offering the programs, either in whole or in part, to third parties is not permitted. Any commercial duplication or commercial transfer to third parties of the copyrighted content is not permitted and will be pursued by LifeBonus with legal action.

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15. Subject to change​

LifeBonus is entitled to change the content of these General Terms and Conditions at any time, insofar as changes that are unforeseeable for LifeBonus and on which LifeBonus has no influence have not caused the equivalence relationship between service and consideration that existed at the time the contract was concluded to be disturbed to a not insignificant extent.

 

​LifeBonus is also entitled to make changes if the change serves to adapt to technical progress or LifeBonus adapts or expands the range of functions of the app for caregivers (e.g. introduces new services, services, applications or functions) and this requires an adaptation of the service description in the General Terms and Conditions if the change is only advantageous for the user or does not result in unreasonable restrictions on the functions used by the user or a comparable alternative function is available.

 

​LifeBonus is also entitled to make changes if a clause in these General Terms and Conditions becomes ineffective due to a change in the law or is declared ineffective by case law and difficulties arise in the implementation of the contract that can only be remedied by the adjustment or supplement.

 

​In the event of a change, LifeBonus will notify the registered user of the change proposal in text form, stating the reason and the specific scope, to the e-mail address specified in the user account.

 

​The changes are considered approved if the registered user does not object to them in text form by email to info@lifebonus.health. We will draw the registered user's attention to this consequence in the notification. The objection must be received by LifeBonus within 2 (two) weeks after receipt of the notification. If a registered user exercises their right to object, the change request is deemed rejected. The GTC will then continue to apply without the proposed changes.

 

​If a registered user exercises his or her right to object, LifeBonus is entitled to block the user if the provision of the service is not possible for LifeBonus with reasonable effort while applying the unchanged GTC.

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16. Alternative dispute resolution

The European Commission provides an online platform for out-of-court dispute resolution. Users can access the dispute resolution platform via the following link: https://ec.europa.eu/consumers/odr

 

​In the event of a dispute over a contract, LifeBonus will endeavor to resolve the dispute amicably with the user. Furthermore, LifeBonus is not obliged to participate in a dispute settlement procedure and does not participate in a dispute settlement procedure before a consumer arbitration board.

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17. Governing Law​

German law is exclusively applicable to contracts concluded under the validity of these GTC, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Compulsory consumer protection provisions of the country in which you have your habitual residence remain unaffected by this choice of law.

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Status: September 2022