General Terms and Conditions of Use and Business of SINOVO GmbH & Co. KG
A. General conditions for the use of our offers
1. General Information
a) We would like to point out that the information, data
and services presented cannot assume any therapeutic function and can in no
case replace a visit to the medical doctor. In case of health problems, you
should by all means consult a doctor you trust. Only the attending physician
can make a diagnosis and initiate the necessary therapies.
Please note the following terms for the use of our
https://diabetes.sinovo.net/frmPrivacy.aspx. By using the information, services
and programs offered on our pages, the user declares his agreement with the
conditions formulated here.
The following conditions apply to the use of the SiDiary
software together with all other online offers on this website.
b) The Internet pages of SINOVO GmbH & Co. KG are
subject to regular changes and additions which serve to update the information
provided. SINOVO GmbH & Co. KG assumes no liability or guarantee for the
topicality, correctness, completeness and availability of the information presented.
The user can inform himself/herself about the status of information and data
under sidiary.org. Information and data presented here serve the user
exclusively for information purposes and for personal use. SINOVO GmbH &
Co. KG is liable for direct or indirect financial losses, including lost
profit, from the use of the information provided on these pages only in the
case of intentional or grossly negligent conduct, as well as in cases of
mandatory legal regulations. In the case of direct or indirect references to
external Internet pages ("links") which are outside the area of
responsibility of SINOVO GmbH & Co. KG, SINOVO GmbH & Co. KG only with
knowledge of the contents and technical possibility and reasonableness to
prevent the use in case of illegal contents.
c) SINOVO GmbH & Co. KG hereby expressly declares
that at the time the links were created, no illegal content was discernible on
the linked pages. The provider has no influence on the current and future
design, content or authorship of the linked pages. He expressly dissociates
himself from the contents of all linked pages which were changed after the link
was set. This statement applies to all links and references set within the own
Internet offer. For illegal, incorrect or incomplete contents and in particular
for damages arising from the use or non-use of information presented in this
way, the provider of the page to which reference is made is solely liable. The
content of this website is protected by copyright. The storage of the content
is only permitted for private purposes. Commercial use for further publication
or free distribution is only permitted in agreement with SINOVO GmbH & Co.
KG. All information is subject to updating. Interactive offers of these
Internet pages cannot be constantly controlled. Users are obliged to observe
the legal regulations. The SINOVO GmbH & Co. KG expressly reserves the
right to delete illegal, offensive and inappropriate content. However, should
you notice any content that you consider offensive, illegal or inappropriate,
please notify us at firstname.lastname@example.org.
d) SINOVO GmbH & Co. KG does not guarantee that the
contents meet the expectations of the user or that the user will achieve a
certain goal with the contents. SINOVO GmbH & Co. KG does not guarantee
that the portal will be available to the user at certain times. We therefore
accept no liability in the event of malfunctions, interruptions or a possible
failure of the portal. We point out that we do not adopt the contents of the
MicroSites as well as the banners and other advertising spaces and do not
assume any liability for them.
e) With questions, references or suggestions to these
an e-mail to email@example.com.
2. Data privacy
The protection of your personal data is important for
SINOVO GmbH & CO. KG and is our central concern. SINOVO GmbH & Co. KG
takes data protection seriously and designs its offer in accordance with the
legal provisions for data protection. Details of our data protection guideline
can be found at https://diabetes.sinovo.net/frmPrivacy.aspx, which contains the
general terms and conditions of use and business of SINOVO GmbH & Co. KG in
3. Intellectual Property
All copyrights, trademarks and any other intellectual
property related to materials or contents of our services belong without
restriction to SINOVO GmbH & Co. KG or our (license) partners. You may use,
these materials or contents or copy, reproduce, transmit, distribute, modify or
make them commercially usable only with written permission of SINOVO GmbH &
Co. KG or our (license) partners.
By submitting materials to our services, we or our
(licensed) partners have the non-exclusive right of use within our services and
otherwise, which is permanently exempt from fees. The right of use also
includes copying, distributing, sending, transmitting, adapting and editing the
4. Illegal use of the contents
The use of any personal data published in the offer of
SINOVO GmbH & Co. KG for marketing purposes is prohibited. This includes
the automatic as well as the manual reading of the contained data, especially
data of SINOVO GmbH & Co. KG and any published data of third parties, as
well as links to their Internet offers and e-mail addresses, names and other
data. Violations will be prosecuted within the framework of the legal
and use of the services of the SiDiary online version and use of the SiDiary
app of SINOVO GmbH & Co. KG
1. General Information
a) For the use of the services of SiDiary Online or the
SiDiary App of SINOVO GmbH & Co. KG, an Internet connection is required.
The user alone is responsible for the use of the necessary hardware. Any
connection costs or transfer costs incurred shall be borne by the user. To use
the SiDiary App, a mobile device is also required that meets certain system
requirements. SINOVO GmbH & Co. KG is not responsible for compliance with
the system requirements. This is the sole responsibility of the user.
The user is solely responsible for the correctness of
the login information and user information provided during the registration at
SINOVO GmbH & Co.
The user is also responsible for keeping his access data
including password secret. Passing on and making the access data and password
accessible to or in front of third parties is not permitted. If access to the
SiDiary App requires registration by the user, the user is responsible for
ensuring that his password is not accessible to any third party. The user
assumes responsibility for all actions that are carried out using his access
In case of unauthorized use of login and password or in
case of security irregularities, the user is also advised to contact SINOVO
GmbH & Co. KG to inform them.
Through the services of SiDiary Online-Version and
SINOVO GmbH & Co. KG may not be transmitted any harassing, defamatory,
racist, discriminatory, glorifying violence, obscene, pornographic or
threatening content or any other illegal content.
Furthermore, SiDiary Software and all services of SINOVO
GmbH & Co. KG cannot be used in a way that can lead to break-off, damage or
reduced performance and violates the rights of third parties. This includes the
right to intellectual property, the right to confidentiality and data
Consulting services such as the hotline of SINOVO GmbH
& Co. KG or the central phone number are offers that can be reached via the
listed contact data. The consultation offer cannot replace individual
diagnoses, treatments or therapy recommendations, but can only provide general
and abstract health information independent of the patient. Users of the
counselling service are strongly advised to consult a doctor they trust with
regard to their individual diagnosis and treatment and to discuss all measures
relating to their health with him. SINOVO GmbH & Co. KG reserves the right
to store information about the calls in the form of call notes. Fraudulent,
malicious or fraudulent calls may result in criminal prosecution.
b) SINOVO GmbH & Co. KG provides all services in
connection with the SiDiary Online Version or the SiDiary App service to users,
physicians, patients or persons of trust (hereinafter: "Customer")
exclusively on the basis of these General Terms and Conditions. Other General
Terms and Conditions are only applicable if this has been agreed by SINOVO GmbH
& Co. KG and is confirmed in individual contracts. SINOVO GmbH & Co. KG
is entitled to amend or supplement these GTC with an appropriate period of
notice. The announcement is made by e-mail by sending the amended GTC or by e-mail
with a reference to the possibility of viewing the amended GTC on the Internet
on the pages of SINOVO GmbH & Co. KG at https://diabetes.sinovo.net/frmPrivacy.aspx.
If the customer does not object to the amended or supplemented conditions
within six weeks of their publication on the Internet, the amended or
supplementary conditions shall take effect. If the customer objects in due
time, both contracting parties are entitled to terminate the contract at the
point in time at which the amended or supplementary terms and conditions are to
come into force.
c) The SiDiary App cannot be used by customers in
2. Type and execution of the services by SINOVO GmbH
& Co. KG
a) The performance of SINOVO GmbH & Co. KG provides
the SiDiary online version and the SiDiary App, an online data management
system and diabetes diary for the customers, by means of which the diabetes
values (e.g. blood sugar measured values, blood pressure measured values or
insulin pump measured values) of the patients can be entered, managed and
viewed from any location.
b) SINOVO GmbH & Co. KG does not provide the
SiDiary Software or the SiDiary App for any medical activities, does not
provide any therapeutic information and does not provide any services that can
or should replace the activities of a physician.
c) Access to the SiDiary Online version is activated
after conclusion of the contract with the customer.
d) If SINOVO GmbH & Co. KG provides voluntary
services and benefits free of charge in addition to the contractual benefits
mentioned in item 2 a), it may change or discontinue these services and
benefits due to technical, legal or economic changes in the general conditions
and considerations or offer services and benefits previously made available
free of charge for a fee in the future.
SINOVO GmbH & Co. KG will inform the customer
immediately, if the continued provision of voluntary services and benefits free
of charge is endangered due to the aforementioned reasons. SINOVO GmbH &
Co. KG will take the interests of the customer into account when assessing the
period for hiring or alteration or the remuneration of these services and
The customer has the right to give extraordinary notice
of termination within 14 days after the announcement of the discontinuation,
modification or remuneration of the voluntary services and performances.
Further rights of the customer in connection with the discontinuation,
modification or remuneration of voluntary services and performances are
3. Server availability, security
a) Server failures due to force majeure and due to
events which SINOVO GmbH & Co. KG is not responsible for and which make
their services considerably more difficult or impossible - in particular
strikes, lockouts, official orders, disruptions to Telekom services or the
Internet, excessive use of other users, attacks by hackers and/or
"spammers", etc. - only entitle the customer to a reduction in
payment if the obstruction is considerable and lasts for a not insignificant
period. The customer is then entitled to reduce the current monthly fees and
charges accordingly until the next termination date.
If the impediment exceeds an insignificant period and
the customer cannot reasonably be expected to continue the contract until the
next termination date for this reason, he has the right to terminate the
contract extraordinarily and without observing a period of notice. The
termination must be preceded by a threat of termination with a reasonable
period of notice to remedy the reason for termination. The customer is not
entitled to further rights, except in the case of intent, gross negligence or
violation of an essential contractual obligation of SINOVO GmbH & Co. KG.
b) Data available in SiDiary Online can only be
retrieved using the user ID and password (access data). The customer undertakes
to keep this access data strictly confidential and to inform SINOVO GmbH &
Co. KG as soon as it becomes aware that the access data are known to third
parties in whole or in part. If, due to the fault of the customer, third
parties are influenced by misuse of the access data on the stored data,
including, among other things, their modification, deletion, downloading and
forwarding, SINOVO GmbH & Co. KG accepts no liability for this. SINOVO GmbH
& Co. KG is entitled in this case to block the user account and to give the
customer a new password. Any reasonable costs incurred as a result are to be
borne by the customer.
c) SINOVO GmbH & Co. KG expressly points out that
the protection of data transmission in open networks, such as the Internet,
cannot be fully guaranteed according to the current state of the art. Data
stored on the servers of SINOVO GmbH & Co. KG may also be viewed and
modified by other Internet users without authorization from a technical point
of view. SINOVO GmbH & Co. KG has secured its servers against unauthorized
access with proven and customary systems. A liability of SINOVO GmbH & Co.
KG for interventions in the data stock which, despite the functionality of data
protection provided by SINOVO GmbH & Co. KG, is excluded.
d) The customer is responsible for making a data backup
to his own storage media (hard disk, floppy disk, etc.) in the event of changes
to the data stock. In particular, health-relevant data fed into "SiDiary
Online" must be additionally saved on your own storage media. Within the
scope of his/her knowledge and abilities, the customer is obliged to test
software for defect-free and usability in the concrete situation before he/she
begins with the operative use of the program. This also applies to programs
that the customer has purchased from SINOVO GmbH & Co. KG. In case of
doubt, the customer must contact the technical support of SINOVO GmbH & Co.
KG under (Tel. +49 (0)6109 500 3909 / E-Mail: firstname.lastname@example.org). The customer is
expressly informed that even minor changes to the software can influence the
operability and usability of the entire system.
e) SINOVO GmbH & Co. KG does not guarantee that the
SiDiary App or its contents are compatible with the hardware and software of
the customer's mobile device.
4. Conclusion of contract, termination of contract
a) The contract with SINOVO GmbH & Co. KG comes into
effect by the customer filling out and sending the online form (Link: https://diabetes.sinovo.net/frmRegister.aspx) upon receipt by SINOVO GmbH & Co. KG.
b) The contract is concluded for an indefinite period.
The contractual relationship can be terminated by both parties without giving
reasons with 30 days' notice to the end of the month.
c) The right to terminate the contract for good cause
d) Any notice of termination must be in writing to be
effective, which is also ensured by sending an e-mail to our e-mail address:
e) The participation of physicians requires the
registration as a physician and the verification as such.
Insofar as these GTC do not contain any separate
provisions, the liability of SINOVO GmbH & Co. KG as regulated below:
a) SINOVO GmbH & Co. KG is not liable for damages
caused by errors, delays or interruptions in transmission, malfunctions of
technical equipment, incomplete data, viruses or in any other way during the
use of the SiDiary App, provided that they are not based on intent and gross
b) SINOVO GmbH & Co. KG is only liable, if SINOVO
GmbH & Co. KG or one of its vicarious agents has violated an essential
contractual obligation (cardinal obligation) or the damage is due to gross
negligence or intent of SINOVO GmbH & Co. KG or one of its employees or
vicarious agents. The liability of SINOVO GmbH & Co. KG for damages to
life, body or health as well as for guarantees shall remain unaffected.
c) The liability of SINOVO GmbH & Co. KG is limited
in the cases of item 5 b) to the damage suffered by the customer, that was reasonably
foreseeable at the time the contract was concluded for SINOVO GmbH & Co.
a) If payment is agreed, it shall become due 14 days
after invoicing. SINOVO GmbH & Co. KG may, at its discretion, postpone
further processing of the current order until payment has been made or demand
b) Unless otherwise agreed, the respective price list of
SINOVO GmbH & Co. KG, can be accessed at https://diabetes.sinovo.net/frmPreisliste.aspx
7. Right of revocation
You have the right to revoke a contract within fourteen
days without giving reasons. The revocation period is fourteen days from the
date of conclusion of the contract, but not before you have received this instruction
in writing and not before we have informed you in accordance with the
requirements of Article 246a § 1 paragraph 2 sentence 1 number 1 EGBGB. In
order to exercise your right of revocation, you must inform us - SINOVO GmbH
& Co. KG, Casimirstr. 2-4, 60388 Frankfurt/Main, Phone 0049 6109 500 39 00, Fax
0049 6109 500 4981, E-Mail: email@example.com (e.g. as letter by post, fax or e-mail)
that you withdraw from the contract. In order to comply with the revocation
period, it is sufficient that you send the notice of the exercise of the
revocation right before the expiry of the revocation period. See also Annex 1
(at the end of this document) for a communication.
8. Consequences of the revocation
If you revoke this contract, we shall reimburse you
immediately for all payments we have received from you, since the conclusion of
the contract and at the latest within fourteen days from the day on which we
received notification of your revocation of this contract. We will use the same
means of payment for the repayment as you used for the original transaction,
unless expressly agreed otherwise with you. Under no circumstances will you be
charged any fees in connection with the repayment.
9. Final Clauses
a) There are no verbal amendatory agreements upon
conclusion of the contract.
b) The law of the Federal Republic of Germany shall
apply to the exclusion of the UN Convention on Contracts for the International
Sale of Goods. Place of performance and jurisdiction for all disputes arising
from and in connection with this contract is the registered office of SINOVO
GmbH & Co. KG.
c) SINOVO GmbH & Co. KG points out that, in addition
to ordinary legal recourse, you also have the possibility of an out-of-court
settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details
can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=CELEX%3A32013R0524
SINOVO GmbH & Co. KG is neither obliged nor prepared
to participate in dispute resolution proceedings before a consumer arbitration
Status: May 2018
Appendix 1: Model cancellation form
If you wish to cancel the contract, please complete and
return this form:
SINOVO GmbH & Co KG
60388 Frankfurt am Main
I/we (*) hereby revoke the contract concluded by me/us (*)
for the purchase of the SiDiary Software
Ordered on (*)/received on (*)
Name of customer(s)
address of the costumer(s)
Signature of the costumer(s) (only if communicated on paper)