Terms of Use

UPDATED 24.05.2018

1. General Provisions

These “MediKeep” Application Terms of Use (the “Terms”) are entered into by and between you and MediKeep OÜ a body corporate incorporated under the laws of Estonia (the “MediKeep” or “we”). Your use of the MediKeep application (the “Application”) and any service offered thereof (the “Service”) is governed by these Terms. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable.

BY CLICKING THE “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN.

2. Scope of Services

The services offered by MediKeep include the MediKeep websites and mobile application and any other features, content, or applications offered from time to time by MediKeep (collectively, the “Services”).

The Application

The Application provides users possibility to have health diary, receive reminders to take medications, notification about quantity of your medications and expiry date.

Use of the Application is not intended to be a substitute for the advice and services of a qualified doctor, pharmacist, or other health care professional. Accordingly, if you need health advice, please seek a licensed medical professional.

We do not diagnose your own health condition or make recommendation for treatment. We strongly encourage you to discuss any advice from us with your GP.

MediKeep grants you non-exclusive, non-transferable, limited license to access and use the Application solely on a single iPhone, iPad or Android device (the “Device”). We reserves the right to revoke this authorization at any time.

Website

www.medikeep.eu and www.medikeep.ee

3. Privacy

The Application collect and store your personal data that you, a data subject, provide during registration and using application (the “Personal Data”) such as name, e-mail address, gender, date of birth, and special categories of personal data as information your health condition, about medications

MediKeep is the controller of the Personal Data. We use a third party to provide laboratory analyses and payments. Those data are stored securely with a third party.

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

4. Payment conditions

We accept Visa and MasterCard credit card payments and direct payments from your bank by invoice. We may use a third party to process payments and refunds. We do not store your credit card details.

Returns and refunds from the online store:

Our policy lasts 14 days for physical products. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Digital types of goods are exempt from being returned. For example, DNA reports that have been generated or are processed. If you did a mistake by ordering, you may ask if your report is being processed already or you may get a refund. You may get refund for digital report products if you do not have correct DNA data required to produce the results.

Additional non-returnable items:

* Gift cards (if applicable)

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@medikeep.eu.

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@medikeep.eu and send your item to: Suur-Patarei 21b-3, Tallinn, 37, 10415, Estonia or any of the postageautomat at Viru Keskus, Tallinn.

Shipping

To return your product, you should mail your product to: Suur-Patarei 21b-3, Tallinn, 37, 10415, Estonia or any of the parcel automat at Viru Keskus or Tallinna Kaubamaja, Tallinn.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over 75 eur, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

5. Intellectual property

MediKeep is the owner and/or licensee of all copyrights in and to the Application.

If you make use of the Application other than as authorized herein, you may be in violation of copyright laws and other laws and may be subject to penalties and/or legal or equitable remedies available to MediKeep. You may not distribute or make the Application available over a network.

You may not sell, lend, rent, lease, or redistribute or sublicense the Application.

You may not decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of MediKeep and its licensors. If you breach this restriction, you may be subject to prosecution and/or damages.

These Terms will govern any upgrades provided by MediKeep that replace and/or supplement the original Application.

7. Disclaimer and Warranties, Limited Responsibility

Use of the Application is at your own risk. The Application is provided “as is,” without warranty of any kind, either express or implied. MediKeep disclaims any warranties concerning the availability, accuracy, or usefulness of the Application. MediKeep does not guarantee, represent, or warrant that the Application will meet your requirements.

MediKeep does not guarantee, represent, or warrant that information obtained through the Application is accurate, complete, reliable, or otherwise valid.

Certain information that is provided via the Application is obtained from third parties, such as Google search functionality (“Third Party Information”).

MediKeep has no control over, and assumes no responsibility or liability for the Third Party

Information, or for any claims, damages or losses resulting from any use of the Third Party

Information. You acknowledge and agree that use of the Application is at your sole risk.

You are solely responsible for all the settings and information entered by yourself into the Device.

MediKeep shall not be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary or consequential damages, or attorneys’ fees, or for lost data arising out of your use of the Application or inability to gain access to or use the Application. You agree to defend, indemnify, and hold harmless MediKeep from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the Application by you, or in connection with a violation or breach of these Terms by you, including without limitation, your violation of any laws governing intellectual property.

8. Dispute resolution

These Terms and your access to and use of the Application are governed by, interpreted, construed,

and enforced in accordance to Estonian and international law. You agree to submit to the personal and exclusive jurisdiction and venue of the court located in Tallinn, Estonia, in the event of any dispute arising under these Terms or arising out of your use of the Application, and waive any future right to object to such jurisdiction and venue.

The failure of MediKeep to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. These Terms shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

9. Contact information

MediKeep may be contacted by e-mail info@medikeep.eu

10. Updates of these Terms

MediKeep reserves the right, at its sole discretion, to modify or replace these Terms at any time. MediKeep will provide you notice prior to any new terms and conditions taking effect.