Beurer Terms of Use

Thank you for visiting our website and using our services. The services are provided by Beurer GmbH, Söflinger Straße 218, 89077 Ulm, Germany.

Please read these Terms of Use carefully before using our website. By using our website, you confirm that you understand and agree to these Terms of Use.

The content of this website is only to be viewed and downloaded for personal and non-commercial purposes.

The Terms may be changed by Beurer GmbH at any time. Any changes shall be announced a month in advance. The new Terms shall be deemed automatically accepted by the User if the User does not object in writing within one month of receiving the change notification. In the event of an objection, the previous Terms shall continue to apply.

Beurer GmbH reserves the right to make changes or adjustments to the website or the range of products listed without warning.

We make every effort to keep the information on our website accurate and up to date. For content that we keep for you on our website and for information on other websites that we adopt as our own content or recommend, we shall only be liable insofar as an accusation of deliberate or grossly negligent conduct applies to us.

In the event of slight negligence, Beurer GmbH shall only be liable in the event of a breach of duties critical to fulfilling the purpose of the agreement and then only to the extent of typically foreseeable damage. The above limitations of liability shall not apply in the event of death or injury to body or health, within the scope of the German Product Liability Act [Produkthaftungsgesetz] and in the event of cover from express guarantees.

Beurer GmbH accepts no liability for:

• Disruption or delays to the Internet connection
• Disruptions to the website (e.g. as a result of technical issues or maintenance work)
• The accuracy, completeness or current validity of the website
• The accuracy, completeness or current validity of the products shown on the website, nor for their suitability for specific purposes
• Damage incurred through use of the website, particularly due to malicious software (viruses, trojan horses and similar).

Beurer GmbH accepts no liability for the content of other sites connected to Beurer GmbH through links; the use of such sites is entirely at the User's own risk.

The products and equipment shown on our website are offered with no guarantees, conditions or warranties in relation to their accuracy or functionality. To the maximum extent permissible by law, we exclude the following for us and for all companies associated with the company group:

• Any warranty claims or other terms or conditions that could be implied through our website
• Any liability for direct damage, indirect damage or consequential damage or consequential loss that the User may incur in any way in relation to the use of this website, its unavailability or the use of a website linked to our website. Liability is particularly excluded, and this list is not exhaustive, for:
  • Loss of business
  • Loss of profits
  • Loss of anticipated savings
  • Loss of income or turnover
  • Loss of goodwill
  • Excessive administrative or office costs
  • Loss of data
  • Injuries with or without loss of life

The entire content of the website (particularly the text, graphics, logos, button icons, images, audio clips etc.) is protected by copyright. The content may not be reproduced, copied, communicated in public or used in any other way without prior written approval from Beurer GmbH. Copyright references, source citations and brand names must be neither changed nor removed.

Without the written permission of Beurer GmbH, it is not permitted to copy, reproduce, publish, transmit, sell or counterfeit Internet content, and/or use it for public or commercial purposes.

Insofar as the User posts ideas and suggestions on the website, Beurer GmbH may use these free of charge for the development, improvement and sale of its products.

When using this website, the User may not

• Act unethically
• Transfer malicious software (viruses, trojan horses and similar)
• Enter, save or send hyperlinks or content for which he is not authorised to do so, particularly if these hyperlinks or content breach duties of non-disclosure or are unlawful
• Distribute advertisements or unsolicited e-mails ("spam") or unfounded warnings about viruses, malfunctions and similar, or invitations to participate in competitions, snowball schemes, chain letters, pyramid schemes and other similar campaigns.

Beurer GmbH has the right to block access to the Beurer website at any time, particularly if the User breaches his duties in relation to these Terms.

Some pages on the website may be password-protected. Access to these pages is generally restricted to retailers of Beurer products and individual cases requiring separate approval from Beurer GmbH. There shall be no entitlement to registration with Beurer GmbH. Beurer GmbH also particularly reserves the right to make previously freely accessible web pages subject to registration.

Upon registration, the User undertakes to make truthful statements. The User is personally responsible for the confidentiality of access details.

Beurer GmbH is authorised to withdraw access rights at any time by blocking the access details without specifying a reason, especially if the User

• Provided false information upon registration
• Has breached these Terms or his duty of care in handling access details
• Has breached applicable law in the accessing or use of the website.

 

The User may delete his user account at any time. Simply go to the user profile and click on "Delete Account" and then enter your password to confirm. Any personal data stored by Beurer GmbH will be deleted upon termination. If the User also subscribed to a newsletter upon registration for services requiring log-in, then the user name and e-mail address for the User will be retained for this purpose. The rights of Beurer GmbH to entered content shall remain unaffected in the event of a termination.

Beurer GmbH provides the User with free access to product software in the Download Centre. The software is only to be downloaded and used for personal and non-commercial purposes.
 

Registration is required in order to access our software for download. Upon registration, the User undertakes to make truthful statements. The User is personally responsible for the confidentiality of access details. It is not permitted to use the user account details of another person without the express permission and agreement of the account owner. Beurer GmbH cannot and will not accept any liability for any loss or damage arising from a failure to meet this obligation.

The User creates his own password. We use our technical specifications to determine the permissibility and the number of characters to be used. The name chosen by the User must not breach the rights of third parties or breach legislation and must not offend or upset other users. The User is obligated to keep his password secret and not to reveal it to third parties.

Beurer GmbH is authorised to withdraw access rights at any time by blocking the access details without specifying a reason, especially if the User

• Provided false information upon registration
• Has breached these Terms or his duty of care in handling access details
• Has breached applicable law in the accessing or use of the website.

 

Although Beurer GmbH makes every effort to keep the Beurer website free from viruses, Beurer GmbH does not guarantee freedom from viruses. The User must ensure his own protection against and prevention of viruses on the Beurer website through appropriate security measures and virus scanners before downloading information, software or documentation.

Beurer GmbH accepts no liability for:

• Disruption or delays to the Internet connection
• Availability and/or current validity of the software at any time
• Compatibility of the software with the User's system
• Loss of data on the part of the User as a result of avoidable misuse of the software
• The software being free of viruses.

Beurer GmbH shall be fully liable in cases of intent and gross negligence. In the event of slight negligence, Beurer GmbH shall only be liable in the event of a breach of duties critical to fulfilling the purpose of the agreement and then only to the extent of typically foreseeable damage. The above limitations of liability shall not apply in the event of death or injury to body or health, within the scope of the German Product Liability Act [Produkthaftungsgesetz] and in the event of cover from express guarantees.

Beurer GmbH accepts no liability for the content of other sites connected to Beurer GmbH through links; the use of such sites is entirely at the User's own risk.

The software made available to the User is protected by copyright. Beurer GmbH does not grant the User any copyright for the software. The software may not be reproduced, copied, communicated in public or used in any other way without prior written approval from Beurer GmbH. Copyright references, source citations and brand names must be neither changed nor removed.

We take the protection of your data very seriously. Beurer GmbH will not pass on the personal data that we obtain from the User (e.g. upon registration to download software) to third parties, especially without permission, and/or make third parties aware of such data. Details on how the data is processed are governed in the privacy policy of Beurer GmbH.

Beurer GmbH reserves the right to make changes to these Terms of Use at any time. Beurer GmbH shall notify the User of such changes via this website. The User is personally responsible for checking the Terms of Use for updates in advance each time he uses the service. The User then has the right to terminate the owner and user relationship within one month of the notice being published. The User confirms his agreement to the currently valid Terms of Use each time he logs in.

Should individual provisions of these Terms of Use be or become ineffective, the effectiveness of the other provisions shall remain unaffected. Insofar as sections of these Terms of Use are not, are no longer or are not fully legally valid, the other sections shall remain unaffected in terms of both their content and validity and the invalid section shall be regarded replaced by a section that most closely resembles the meaning and purpose of the ineffective section or the commercial intention of the parties in a way that is legally effective.
German law shall apply to these Terms. Insofar as this is legally permissible, the place of jurisdiction is the headquarters of Beurer GmbH in Ulm, Germany.

Ulm, Germany, July 2013