myMED‑EL Terms and Conditions

Valid from 2020_06_09.

1. Welcome to MED‑EL

• The following terms and conditions (hereinafter “T&Cs“) are to become a component of the contract between you and the MED‑EL group company (hereinafter “MED‑EL“, “we“, “our” or “us“) which, as an operator of a platform, offers you access to various services. The platform includes a set of software and surrounding ecosystem of resources which connects the users to external and internal tools, teams, data and processes. The platform is hereinafter referred to as “myMED‑EL”.
• You can register on myMED‑EL free of charge and, once your data has been checked by MED‑EL, you can gain access to individual or multiple services, whereby the activation as a user of individual or multiple services is at the discretion of MED‑EL. The use of some services on myMED‑EL requires the agreement of additional conditions. PLEASE NOTE THAT WE DO NOT MAKE ANY MEDICAL DIAGNOSES WITH myMED‑EL. SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU HAVE CONCERNS ABOUT YOUR HEALTH. IN THE EVENT OF AN EMERGENCY, YOU SHOULD CALL THE EMERGENCY SERVICES IMMEDIATELY. YOU SHOULD ALWAYS DISCUSS ISSUES RELATING TO MEDICAL COMPLAINTS WITH YOUR DOCTOR OR ANY OTHER QUALIFIED HEALTHCARE SERVICE PROVIDER. YOU SHOULD NEVER DISREGARD THE QUALIFIED ADVICE OF A MEDICAL PROFESSIONAL OR DEFER AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD ON myMED‑EL.
• myMED‑EL is operated either by MED‑EL Elektromedizinische Geräte GmbH, a company founded in Austria and registered with the Innsbruck Regional Court with commercial register number FN , headquartered at Fürstenweg 77a, 6020 Innsbruck, Austria, or whichever MED‑EL group company which, as an operator of myMED‑EL, offers you access to various services.
• You must be at least 16 years old if you want to use myMED‑EL. If you are not yet 18 years old, you need the consent of your legal guardian to use myMED‑EL and to agree to these T&Cs.

2. The legal relationship between you and MED‑EL

• These T&Cs apply to the use of myMED‑EL and contain the conditions under which we provide you (hereinafter the “user” or “you“) with myMED‑EL. It is important for you to have read and understood these T&Cs before using myMED‑EL. If there is anything you do not understand in the T&Cs, please get in touch with us at myMED‑ELsupport@medel.com and we will explain the meaning to you.
• In order to use myMED‑EL, you must have agreed to these T&Cs.

3. Information we collect about you

• It is very important to us that your privacy and any information about you (hereinafter “personal data“) are protected. Your personal data collected by us within the course of using myMED‑EL is collected, saved, and processed by us in accordance with the EU’s General Data Protection Regulation (“GDPR“) 2016/679 of April 27, 2016 or other data protection legislation applicable to you. Please read our Privacy Statement so that you understand by which methods and for which purpose we collect and use your data in order to offer you the best-possible service.
• You hereby grant us the indefinite, global, transferable, and sublicensable right to use the data which we have anonymized in accordance with data protection legislation in any manner, irrespective of whether it is currently known or unknown. You recognize and accept that we hold all the rights and title to data derived by us from such anonymized data.

4. Creating a user account

• You can register on myMED‑EL and set up a user account (hereinafter “user account“) with a username and password. Registration constitutes a binding offer from the user to be contractually bound by the T&Cs. We can accept this offer (but are not obligated to do so) by granting you access for the first time to myMED‑EL through the user account. You will immediately receive an electronic registration confirmation from us. By using or accessing myMED‑EL you agree to these T&Cs and confirm that you consent to their inclusion.
• We save the contract text of the agreed T&Cs. Furthermore, we assume no obligation regarding the availability of the agreed conditions for the user.
• When you register your user account or you send us other information, you simultaneously affirm to us that the information sent to us is correct and complete. If it is the case that certain information changes at a later point in time, you confirm to us that you will notify us of these changes immediately by reporting the details.
• If the technical conditions allow, it is possible for you to connect with myMED‑EL using an account that you have with a third-party provider (e.g. Facebook). If you connect with myMED‑EL using such a third-party provider, you simultaneously grant us access to the use of the details you have provided to this third-party provider if and to the extent that this is permitted by the terms and conditions of this service provider and our Privacy Statement.
• You are responsible for safeguarding the confidentiality of your login data and for all activities which occur in your user account. If you suspect that there may have been misuse of your user account, you agree to notify us of this immediately by sending a message to myMED‑ELsupport@medel.com.
• User accounts that have not been used for more than five months can be suspended by MED‑EL. When a user account is suspended, it is not lost. Instead, it remains reserved for the user and can be reactivated by the user at any time by the user applying to MED‑EL for the reactivation of the user account. The reactivation will be performed by MED‑EL without unnecessary delay.
• MED‑EL is authorized to delete user accounts which have not been used for a period of more than one year.

5. Your right to use myMED‑EL

• myMED‑EL and the materials and contents contained therein are our property or are the property of the individuals who have issued us a corresponding license. We grant you the right to use these materials and contents, but solely for the purpose of using the platform and its services, for you personally or for another person, always in compliance with these T&Cs. If you use myMED‑EL on behalf of another person, you alone are responsible for this use on behalf of this person being permitted by data protection legislation and other statutory regulations. In particular, you are obligated to seek the corresponding consent of the other person and to notify this person of our T&Cs and the Privacy Statement.
• We grant you the right to personal access and use of myMED‑EL. It is forbidden for you to sell your personal user account, to give it away or to transfer it to a third party. Your right to access myMED‑EL does not exclude us from granting other people the right to access myMED‑EL.
• Your right to use the name “myMED‑EL” or any brand names, logos, domain names, or other characteristic trademarks is restricted to the scope described in these T&Cs.
• In return for your obligation to comply with these T&Cs, we grant you a restricted, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to use the myMED‑EL services under the conditions that are cited in these T&Cs, the additional conditions for the respective services or the Privacy Statement, or under any conditions that apply for the respective app store.
• As a user, you agree to refrain from the following, unless this behavior is permitted by these T&Cs or mandatory copyright law to enable the use of myMED‑EL in accordance with its intended use and/or such behavior is indispensable for obtaining the information which is required for achieving interoperability with other programs:
  • As a user, you agree not to replicate or copy myMED‑EL, either wholly or partially.
  • As a user, you agree not to sell myMED‑EL to another person, or to provide it to another person in any other way, either wholly or partially.
  • As a user, you agree not to modify in any way myMED‑EL, either wholly or partially.
  • As a user, you confirm that you will not try to determine the source code of myMED‑EL, either wholly or partially, or to access it, unless this has been expressly published and released for public use by us.
• You are aware that we, or the people who have granted us a license in this regard, are entitled to any confidential information and usage, exploitation, and neighboring rights under copyright law as well as other rights to the intellectual property which exist in relation to myMED‑EL, in whole or in part.
• Feedback and surveys. If you give us feedback, ideas, or suggestions, or if you respond to surveys relating to our services (hereinafter “feedback“), you recognize that the feedback is not confidential and that you grant us a global, non-exclusive, irrevocable, indefinite, non-chargeable and unrestricted license to the use of your feedback in any manner, for any purpose and via any medium or any technology that is currently known or unknown, whether wholly or partially, and whether in amended or unamended form. We will always use your feedback in accordance with these terms of use, our privacy policy, and all other applicable laws.
• In order to use myMED‑EL, the user must have access to the World Wide Web and all the technical equipment and terminals required for this and cover the fees and costs associated with this him/herself. For the apps, the following minimum technical requirements apply: a cellular/mobile phone, handheld device, tablet, or similar with Internet access and access to iTunes or Google Play and the iOS operating system, at least the version specified in the Apple Store, or the Android operating system, at least the version specified in Google Play.
• The user agrees to protect his/her computer and any networks connected to it and the data saved on it using adequate and up-to-date protection systems against viruses and similar threats and to perform regular data backups.
• The services of myMED‑EL are offered subject to Internet availability. Consequently, constant availability of the services cannot be guaranteed, nor is this an obligation. MED‑EL therefore accepts no obligation to keep the services offered free of interruption or accessible on the Internet at all times. MED‑EL has no influence on the user’s Internet access options, the transmission speed, or the availability and stability of the network connections and network access of communications service providers and network operators. Use of communication networks is subject to the usage restrictions of the respective operator.
• Restrictions on the services of network operators, or in the event of repair or maintenance work, or in the event of other faults associated with network and server operation may lead to limitations on or interruptions of the provision of the services of MED‑EL. MED‑EL is authorized to suspend online services for an appropriate period of time for internal reasons, such as maintenance purposes. Planned interruptions will be announced beforehand. Maintenance, security, or capacity issues and events beyond the control of MED‑EL or its associates (e.g. public communication network malfunctions, power failures, etc.) may also lead to faults or temporary suspensions of the services of myMED‑EL.

6. Your use of myMED‑EL

• In addition to the other terms of these T&Cs, certain rules are described in this section which concern the use of myMED‑EL (hereinafter “rules“).
• Everything cited below constitutes conduct which is forbidden when using the platform. It is forbidden for you:
  • to obstruct or restrict, to bypass, to deactivate, or to manipulate in any other manner the features of myMED‑EL which are used for security or features which enable the use or the copying of the content which can be accessed via myMED‑EL;
  • to create multiple user accounts on myMED‑EL (however, if the functionality of myMED‑EL permits, it is possible to connect social networks or other accounts supported by us with the user account on myMED‑EL);
  • to provide incorrect or misleading information in the user account data;
  • to allow another person to use myMED‑EL in your name or in your place;
  • to use myMED‑EL if we have temporarily suspended your right of use or have forbidden further use by you;
  • to send junk mail, spam, or repeated messages;
  • to behave in an illegal or unlawful manner;
  • to modify, disrupt, or hack myMED‑EL, to be a disruptive influence on it, or to intercept messages;
  • to misuse myMED‑EL or to plant viruses, trojans, worms, logic bombs, or other things through which myMED‑EL or another user of the equipment of myMED‑EL could incur damage;
  • to remove data from myMED‑EL unless this is permitted by these T&Cs;
  • to enter or contribute defamatory, threatening, obscene, misleading, untruthful, offensive, or libelous content or content which contains forms of nudity or violence;
  • to enter information or comments about a third party without their consent.
• A failure to comply with or a breach of the rules listed in section 6.2 constitutes a serious violation of these T&Cs and may lead to us initiating the following measures, either individually or together, at our sole discretion:
  • the immediate or temporary suspension or permanent revocation of the right to access myMED‑EL;
  • the sending of a warning to you;
  • the initiation of a lawsuit against you, including the assertion of a claim for compensation of any costs or expenses incurred as a result of the contractual violation (this includes, among other things, reasonable administration costs and litigation costs);
  • the disclosure of information to law enforcement authorities if and to the extent that this is legally permissible and if we deem this necessary.
• The response to a contractual violation committed by you is not limited to the steps described in the preceding section 7.3; i.e. we have the right, in accordance with the T&Cs and the legal provisions, to initiate any further steps.
• When you enter content for publication by MED‑EL, or other content consisting of photos or graphics for publication, you grant MED‑EL the non-chargeable, irrevocable, temporally unrestricted, and non-exclusive right – including the right to grant sublicenses – to use, reproduce, modify, translate, adapt, edit, and – especially on the Internet via social media channels but also in print media at the discretion of MED‑EL – to publish, distribute, show and/or present this content (in whole or in part) globally, multiple times, and repeatedly. This granting of rights also covers means of communication and technologies which are not currently known and will only be developed in the future.
• If you are not the owner of the rights to content entered by you, you guarantee to MED‑EL that the party entitled to the content has declared their consent to the transfer of the rights in accordance with the preceding terms and that the granting of rights to MED‑EL also hereby actually takes place.

7. Terminating our contractual relationship

• If at any later point in time you feel that you can no longer agree to these T&Cs or the Privacy Statement, you are obligated to cease using myMED‑EL immediately.
• You have the right to cease using myMED‑EL and to terminate your contract with MED‑EL at any time, also including when you do not agree to changes to the platform or these T&Cs proposed by us. Please note the instructions for deactivating your user account described on myMED‑EL. To deactivate your user account, please write an email to myMED‑ELsupport@medel.com.
• We can terminate the contract concluded with you in an orderly fashion with a notice period of two weeks.
• Your right and our right to terminate this contract for good cause remains unaffected. Good cause exists for us in particular, but not exclusively, if you breach essential contractual terms (especially section 7.2) or if, due to external circumstances, it is to be assumed that you are misusing our services. If good cause exists, we are also entitled to revoke your access authorization for myMED‑EL, unless a different milder measure is taken.
• If you or we deactivate your user account, as described in this section, or your right to access myMED‑EL is withdrawn, we will erase the personal data saved about you in accordance with our Privacy Statement (and in line with the applicable statutory regulations). Our rights to use this data in an anonymized form as per section 3.2 remain unaffected. Furthermore, you therefore lose the right granted to you to access myMED‑EL.

8. Our obligations / responsibilities to you

• Any information given to you via myMED‑EL is intended exclusively for informational purposes. The information is provided by MED‑EL as is, without any guarantee, safeguard, or assurance of any nature.
• You should not initiate any steps based on information provided through myMED‑EL without first consulting a doctor or some other medical personnel.
• Due to the nature of the Internet and technology, it is not possible for us to promise you that you will always be able to use myMED‑EL without interruption and without delays or faults and that the platform will always meet your expectations. For this reason, we are unable to assume any commitment regarding the performance or availability of myMED‑EL in these T&Cs. We also expressly exclude liability due to defects of myMED‑EL that existed at the time of contract conclusion between you and us concerning the use of myMED‑EL.
• If you incur damage due to use of myMED‑EL, then we will be liable only for intent and gross negligence. Furthermore, we shall be liable for the negligent violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract, the violation of which endangers the accomplishment of the contractual objective, and compliance with which you as a user may regularly rely on. However, for the last case cited, we shall only be liable for foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breaching of obligations other than those cited in the preceding sentences. The preceding liability exclusions do not apply in the event of the loss of life, physical injury, or harm to health, nor to liability governed by the Austrian Product Liability Act.

9. Services of third parties

• If and to the extent that our platform includes links to other websites and resources which are operated by third parties, these links are provided to you purely for the purpose of information.
• It is not possible for us to influence the content of such websites or resources provided by third parties, and we are not liable for the content of the information or websites to which links are provided or which are included in frames. We shall not be liable for any financial or physical damage which may be incurred by you due to or in connection with use of this website or its resources.

10. Changes to the platform

• myMED‑EL is constantly updated and improved by us. We are always eager to provide you with new and innovative services and features. Improvements and updates also occur due to adjustments to changing technologies, behaviors, and the way in which the Internet is used by people.
• We reserve the right to change a particular part of a platform-specific feature, to update infrastructure of myMED‑EL, to perform restarts, as well as to cease services and the support for them.
• Always use the latest version of the software downloaded from us or via an app store. It may be necessary for you to update third-party software for you to be able to use the platform.

11. Changes to the T&Cs

• We have the right to amend, adapt, or supplement these T&Cs from time to time. You can access the latest version of these T&Cs on our website (policies.medel.com). You can see the latest version of these terms and conditions at any time on this page. We reserve the right to update, change, or replace any part of these terms and conditions at our own discretion by publishing updates and amendments to myMED‑EL. You will be notified of these changes and your acceptance of these amended terms is necessary for your continued usage of myMED‑EL.

12. Documents governing the contractual relationship between you and us.

• The latest version of the T&Cs includes all the terms governing the contractual relationship between you and us. Older versions of the T&Cs no longer apply to our contractual relationship and are completely replaced by the latest version.

13. Applicable law and court of jurisdiction

• The contract concluded based on these T&Cs is subject to the law of the country in which the MED‑EL group company offering you services on myMED‑EL is based. In the case of contracts between entrepreneurs and consumers – irrespective of the preceding choice of law – for the benefit of the consumer, regulations from the law of the country in which the consumer habitually resides, and from which there may be no deviation through agreement according to the law of this country, can be applied, if the entrepreneur
  1. performs their commercial or professional activity in the country in which the consumer usually resides, or
  2. orients such an activity in any way toward this country or to several countries including this country
  and the contract falls within the scope of this activity.
• The materially competent courts where the MED‑EL group company which offers you services on myMED‑EL is based are solely competent for the settlement of any disputes arising in connection with or due to your use of the platform.

14. General information

• You agree to us communicating with you via electronic means (e.g. via email or other text formats).
• We can send you messages by electronic means via email, which you provided to us at the time of registration for the platform, or via another electronic communication service in the context of myMED‑EL.
• A failure to exercise our rights in no way constitutes the waiving of such rights.
• If a provision of these T&Cs is or becomes ineffective or unenforceable, the effectiveness of the remaining provisions will not be affected as a result.
• Only the contractual partner has the right to enforce the terms of the contract.

15. Contact

• If you would like to contact us about these T&Cs or another document mentioned in them, please send us an email at myMED‑ELsupport@medel.com.